Turner v. Cate et al

Filing 37

ORDER RE INTENT TO PROSECUTE. Signed by Judge ARMSTRONG on 12/9/10. (lrc, COURT STAFF) (Filed on 12/10/2010)

Turner v. Cate et al

Doc. 37

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. STEPHEN B. TURNER, Plaintiff,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 10-00560 SBA (PR) ORDER DIRECTING PLAINTIFF TO SHOW CONTINUED INTENT TO PROSECUTE THIS ACTION AND TO PROVIDE COURT WITH CURRENT ADDRESS /

MATTHEW CATE, et al., Defendants.

Plaintiff filed the instant pro se civil rights complaint under 42 U.S.C. § 1983. Pursuant to Federal Rule of Civil Procedure 41(b), a district court may sua sponte dismiss an action for failure to prosecute or to comply with a court order. See Link v. Wabash R.R., 370 U.S. 626, 633 (1962); McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 1991). But such a dismissal should only be ordered when the failure to comply is unreasonable. See id. A district court should afford the litigant prior notice of its intention to dismiss. See Malone v. United States Postal Serv., 833 F.2d 128, 133 (9th Cir. 1987). Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address changes while an action is pending must promptly file and serve upon all opposing parties a notice of change of address specifying the new address. See L.R. 311(a). The Court may, without prejudice, dismiss a complaint or strike an answer when: (1) mail directed to the attorney or 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 written communication from the attorney or pro se party indicating a current address. See L.R. 3-11(b). In the instant case, it has been two months since Plaintiff has communicated with the Court. On October 8, 2010, Plaintiff filed a motion to continue the hearing on Defendants' motion to dismiss previously set for November 16, 2010. The Court construed Plaintiff's motion as a request for an extension of time to file his opposition to Defendants' motion to dismiss, and granted him a brief extension up to and including December 27, 2010 to file his opposition. The Court also

Dockets.Justia.com

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vacated the hearing set for November 16, 2010. Furthermore, on November 1, 2010, mail delivered to Plaintiff was returned as undeliverable. Accordingly, it is in the interests of justice and judicial efficiency for the Court to establish Plaintiff's current address and whether he intends to continue to prosecute this action. In light of the foregoing, Plaintiff shall file with the Court a notice of his current address and his continued intent to prosecute no later than thirty (30) days from the date of this Order. Failure to timely do so shall result in dismissal of this action without prejudice under Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED. DATED: 12/9/10 SAUNDRA BROWN ARMSTRONG United States District Judge

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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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STEPHEN B. TURNER, Plaintiff, v. MATTHEW CATE et al, Defendant. /

Case Number: CV10-00560 SBA CERTIFICATE OF SERVICE

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 December 10, 2010, 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.

Stephen B. Turner #AVY713 Santa Rita County Jail 5325 Broader Blvd. Dublin, CA 94568 Dated: December 10, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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