Torres v. City Of San Jose

Filing 6

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Clauida Wilken on 2/7/08. (scc, COURT STAFF) (Filed on 2/7/2008)

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Torres v. City Of San Jose Doc. 6 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CITY OF SAN JOSE, et al., Defendants. / MANUEL J. TORRES, Plaintiff, No. C 07-01204 CW (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. 1983. On November 28, 2007, mail directed to Plaintiff by the Court was returned to the Clerk of the Court with a notation that it was undeliverable. To date, Plaintiff has not updated his address with the Court or submitted any further pleadings in this case. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes while an action is pending must promptly file a notice of change of address specifying the new address. See L.R. 3-11(a). The court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court has been returned to the court as not deliverable, and (2) the court fails to receive within sixty days of this return a Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 written communication from the pro se party indicating a current address. See L.R. 3-11(b). More than sixty days have passed since the mail directed to Plaintiff by the Court was returned as undeliverable. The Court has not received a notice from Plaintiff of a new address. Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk of the Court shall enter judgment in accordance with this Order, terminate all pending motions, and close the file. IT IS SO ORDERED. Dated: 2/7/08 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE P:\PRO-SE\CW\CR.07\Torres1204.3-11DISMISSAL.frm 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANUEL J TORRES, Plaintiff, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV07-01204 CW CERTIFICATE OF SERVICE CITY OF SAN JOSE et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 7, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Manuel Torres CNC-226 885 North San Pedro Street San Jose, CA 95110 Dated: February 7, 2008 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk P:\PRO-SE\CW\CR.07\Torres1204.3-11DISMISSAL.frm 3

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