Rodriguez v. Growns, et al

Filing 12

ORDER DISMISSING CASE WITHOUT PREJUDICE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 7/16/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOSE A. RODRIGUEZ,

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Plaintiff,

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No. C 12-02515 YGR (PR)
ORDER OF DISMISSAL WITHOUT
PREJUDICE

vs.

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RANDY GROWNS, et al.,

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Defendants.

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United States District Court
For the Northern District of California

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Plaintiff, a state prisoner, filed this pro se civil rights action under 42 U.S.C. § 1983 in the

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United States District Court for the Eastern District of California. In an Order dated May 3, 2012,

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Magistrate Judge Gregory G. Hollows of the Eastern District ordered it transferred to this Court on

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venue grounds. On that same date, the Clerk of the Court in the Eastern District sent Plaintiff a copy

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of the May 3, 2012 Order by Magistrate Judge Hollows.

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On May 9, 2012, Plaintiff's copy of the May 3, 2012 Order by Magistrate Judge Hollows was
returned as undeliverable with a notation that Plaintiff had been "paroled."

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Also on May 9, 2012, the instant case was received by this Court.

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On May 16, 2012, the Clerk of the Court sent Plaintiff a notice that he had neither paid the

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filing fee nor submitted a completed application for leave to proceed in forma pauperis (IFP). The

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Clerk provided a copy of the prisoner's IFP application form, along with a return envelope,

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instructions, and a notification that the case would be dismissed if Plaintiff failed to pay the fee or

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file the completed IFP application within thirty days. On May 21, 2012, the Clerk sent Plaintiff

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another notice that this case had been transferred to this Court. Thereafter, both notices were

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returned as undeliverable, again with the notation that Plaintiff had been "paroled."

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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

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

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

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

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

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More than sixty days have passed since Plaintiff's copy of the May 3, 2012 Order by Eastern

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District Magistrate Judge Hollows was returned as undeliverable. The notations of that mailing and

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all subsequent mailings have indicated that Plaintiff has since been paroled. The Court has not

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received a notice from Plaintiff of a new address. Accordingly, the petition is DISMISSED without

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prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk of the Court shall

United States District Court
For the Northern District of California

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enter judgment, terminate all pending motions, and close the file.
IT IS SO ORDERED.
DATED:

July 16, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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G:\PRO-SE\YGR\CR.12\Rodriguez2515.3-11DISM.frm

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