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)

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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. ยง 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

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