Sanchez v. Gonzalez

Filing 8

ORDER DISMISSING CASE. Signed by Judge Edward M. Chen on 5/8/2024. (vla, COURT STAFF) (Filed on 5/8/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SAMMY B. SANCHEZ, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 23-cv-06552-EMC ORDER OF DISMISSAL Docket No. 2 GONZALEZ, Defendant. 12 13 On December 20, 2023, the Clerk of the Court sent two notices to Plaintiff. Docket Nos. 14 3, 4. This mail was returned undelivered on February 26, 2024, bearing a stamp that read in part 15 “return to sender – unable to forward.” Docket No. 7. 16 The Clerk’s notices were sent to Plaintiff at the address he provided. See Docket Nos. 3, 4 17 (showing they were sent to the California Medical Facility in Vacaville). Plaintiff has not 18 provided any address other than the address to which the undeliverable mail was sent. More than 19 sixty days have passed since the mail was returned to the Court undelivered, and the Court has 20 21 22 23 24 25 26 27 28 received no communication from Plaintiff. Plaintiff has failed to comply with Local Rule 3-11(a) which requires a party proceeding pro se to “promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address” when his address changes. Local Rule 3-11(b) allows the Court to dismiss a complaint without prejudice when mail directed to a pro se party is returned as not deliverable and the pro se party fails to send written notice of his current address within sixty days of the return of the undelivered mail. This action is DISMISSED without prejudice because Plaintiff failed to keep the Court informed of his address in compliance with Local Rule 3-11(a). 1 Plaintiff’s in forma pauperis application is DENIED because he failed to file a completed 2 in forma pauperis form as required by 28 U.S.C. § 1915(a). Docket No. 2. 3 The Clerk shall close the file. This order disposes of Docket No. 2. 4 5 IT IS SO ORDERED. 6 7 Dated: May 8, 2024 8 9 10 ______________________________________ EDWARD M. CHEN United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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