Cruz v. Alameda County et al

Filing 43

ORDER DISMISSING CASE. ***Civil Case Terminated. Signed by Judge Jon S. Tigar on September 24, 2019. The deputy clerk hereby certifies that on 9/24/19, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing (mllS, COURT STAFF) (Filed on 9/24/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO CRUZ,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-00443-JST
ORDER OF DISMISSAL

v.
ALMERIA, et al.,
Defendants.

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Plaintiff filed the instant pro se action under 42 U.S.C. § 1983 alleging that Defendants

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Dunbar, Almeria, Saechao, Walters, and Dickens have violated his rights under the Due Process

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Clause. ECF Nos. 1, 9, 37.

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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 and serve upon all opposing parties a notice

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of change of address specifying the new address. See L.R. 3-11(a). The Court may, without

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prejudice, dismiss a complaint or strike an answer when: (1) mail directed to the pro se party by

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the court has been returned to the court as not deliverable, and (2) the Court fails to receive within

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60 days of this return a written communication from the pro se party indicating a current address.

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See L.R. 3-11(b).

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On July 25, 2019, court mail sent to plaintiff was returned as undeliverable with the

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notation that he was no longer in custody. ECF No. 39. More than sixty days have passed since

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the mail sent to petitioner by the court was returned as undeliverable. The court has not received a

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notice from petitioner of a new address. Accordingly, the instant action is DISMISSED without

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prejudice. The Clerk of the court shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated:
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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