Guerrero v. Hennessy et al

Filing 8

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Magistrate Judge Donna M. Ryu on 1/30/17. (ig, COURT STAFF) (Filed on 1/30/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 RUBEN GUERRERO, Case No. 16-cv-03660-DMR (PR) Plaintiff, 9 ORDER OF DISMISSAL WITHOUT PREJUDICE v. 10 11 SHERIFF MICHAEL HENNESSY, et al., United States District Court Northern District of California Defendants. 12 13 Plaintiff filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Dkt. 1. 14 Plaintiff has consented to magistrate judge jurisdiction, and this matter has been assigned 15 16 17 18 to the undersigned Magistrate Judge. Dkt. 4. On November 8, 2016, the court conducted an initial screening of the complaint pursuant to 28 U.S.C. § 1915A(a), and dismissed it with leave to amend. Dkt. 5. On November 28, 2016, the copy of the court’s November 8, 2016 Order that was mailed 19 to Plaintiff was returned as undeliverable to the Clerk of the Court with the following notations: 20 “RETURN TO SENDER” and “UNABLE TO FORWARD.” Dkt. 7. Clerk’s Office staff has 21 been informed that Plaintiff was released from custody on November 2, 2016. To date, Plaintiff 22 has not updated his address with the court or submitted any further pleadings in this case. 23 Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address 24 changes while an action is pending must promptly file a notice of change of address specifying the 25 new address. See L.R. 3-11(a). The court may dismiss without prejudice a complaint when: 26 (1) mail directed to the pro se party by the court has been returned to the court as not deliverable, 27 and (2) the court fails to receive within sixty days of this return a written communication from the 28 pro se party indicating a current address. See L.R. 3-11(b). 1 More than sixty days have passed since the mail directed to Plaintiff by the court was 2 returned as undeliverable. The court has not received a notice from Plaintiff of a new address. 3 Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the 4 Northern District Local Rules. The Clerk shall terminate all pending motions and close the file. 5 6 7 8 IT IS SO ORDERED. Dated: January 30, 2017 ______________________________________ DONNA M. RYU United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RUBEN GUERRERO, Case No. 4:16-cv-03660-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 HENNESSY, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on January 30, 2017, 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 18 19 Ruben Guerrero ID: SF 516269 P.O. Box 67 San Bruno, CA 94066 Dated: January 30, 2017 20 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 27 28 3

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