Mallo v. Prison Industry Authority et al

Filing 7

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 7/20/11. (lrc, COURT STAFF) (Filed on 7/21/2011)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3

JAMES MALLO,

4
5
6

Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
PRISON INDUSTRY AUTHORITY, et al.,

7

Defendants.

8
9

No. C 11-01606 SBA (PR)

/

Plaintiff, a former state prisoner, filed the present pro se prisoner complaint under 42 U.S.C.
§ 1983. On May 17, 2011, mail directed to Plaintiff by the Court was returned to the Clerk of the

11
For the Northern District of California

United States District Court

10

Court with a notation that the "reason item is being returned" was because Plaintiff had been

12

"paroled." To date, Plaintiff has not updated his address with the Court or submitted any further

13

pleadings in this case.

14

Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address

15

changes while an action is pending must promptly file a notice of change of address specifying the

16

new address. See L.R. 3-11(a). The court may, without prejudice, dismiss a complaint when:

17

(1) mail directed to the pro se party by the court has been returned to the court as not deliverable,

18

and (2) the court fails to receive within sixty days of this return a written communication from the

19

pro se party indicating a current address. See L.R. 3-11(b).

20

More than sixty days have passed since the mail directed to Plaintiff by the Court was

21

returned as undeliverable. The Court has not received a notice from Plaintiff of a new address.

22

Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern

23

District Local Rules. Plaintiff's in forma pauperis application is DENIED as incomplete. The Court

24

has rendered its final decision on this matter, therefore, this Order TERMINATES Plaintiff's case.

25

This Order terminates Docket no. 3.

26

IT IS SO ORDERED.

27

DATED:

7/20/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

28

G:\PRO-SE\SBA\CR.11\Mallo1606.Diss-3-11.frm

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

JAMES MALLO,

7
8
9

Plaintiff,

CERTIFICATE OF SERVICE

v.
PRISON INDUSTRY et al,
Defendant.

/

11
For the Northern District of California

United States District Court

10

Case Number: CV11-01606 SBA

12
13
14
15

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 July 21, 2011, 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.

16
17

19

James Mallo G-49921
Correctional Training Facility, North
P.O. Box 705
Soledad, CA 93960-0705

20

Dated: July 21, 2011

18

Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

21
22
23
24
25
26
27
28

G:\PRO-SE\SBA\CR.11\Mallo1606.Diss-3-11.frm

2