Palacios v. Mendocino County Sheriff's Office et al

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Magistrate Judge Donna M. Ryu on 7/16/2015. (ig, COURT STAFF) (Filed on 7/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO PALACIO,

Case No. 15-cv-00393-DMR (PR)

Plaintiff,
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v.

United States District Court
Northern District of California

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MENDOCINO COUNTY SHERIFF’S
OFFICE, et al.,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

Defendants.
Plaintiff filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has

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consented to Magistrate Judge jurisdiction, and this matter has been assigned to the undersigned

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Magistrate Judge. Dkt. 1 at 4.

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On May 7, 2015, mail directed to Plaintiff by the court was returned with the following

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notations: “NIC” or not in custody; “RTS” or return to sender; and “NOT DELIVERABLE AS

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ADDRESSED—UNABLE TO FORWARD.” To date, Plaintiff has not updated his address with

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the court or submitted any further pleadings in this case.

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

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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 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.

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

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Northern District Local Rules. The Clerk of the Court shall enter judgment, terminate all pending

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motions, and close the file.

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IT IS SO ORDERED.
Dated: July 16, 2015
______________________________________
DONNA M. RYU
United States Magistrate Judge

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United States District Court
Northern District of California

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