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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBEN GUERRERO,

Case No. 16-cv-03660-DMR (PR)

Plaintiff,
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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
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SHERIFF MICHAEL HENNESSY, et al.,

United States District Court
Northern District of California

Defendants.
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Plaintiff filed the present pro se prisoner complaint under 42 U.S.C. § 1983. Dkt. 1.

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Plaintiff has consented to magistrate judge jurisdiction, and this matter has been assigned

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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

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to Plaintiff was returned as undeliverable to the Clerk of the Court with the following notations:

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“RETURN TO SENDER” and “UNABLE TO FORWARD.” Dkt. 7. Clerk’s Office staff has

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been informed that Plaintiff was released from custody on November 2, 2016. To date, Plaintiff

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has not updated his address with 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

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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 shall terminate all pending motions and close the file.

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IT IS SO ORDERED.
Dated: January 30, 2017
______________________________________
DONNA M. RYU
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBEN GUERRERO,

Case No. 4:16-cv-03660-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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HENNESSY, et al.,
Defendants.

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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

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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.

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Ruben Guerrero ID: SF 516269
P.O. Box 67
San Bruno, CA 94066
Dated: January 30, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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