Work v. Humboldt County Correctional Facility et al

Filing 16

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 7/3/2024. (ndr, COURT STAFF) (Filed on 7/3/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JIMMIE DON WORK, 8 Plaintiff, 9 10 11 Case No. 24-cv-00102-HSG ORDER OF DISMISSAL v. HUMBOLDT COUNTY CORRECTIONAL FACILITY, et al., United States District Court Northern District of California Defendants. 12 13 Plaintiff, a detainee, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. On 14 February 14, 2024, the Court dismissed the complaint with leave to amend for failure to link the 15 named defendants to any of the specified actions or inactions, and for failure to state a claim. Dkt. 16 No. 8. The Court ordered Plaintiff to file an amended complaint by March 14, 2024, or face 17 dismissal of this action for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). Id. 18 On March 25, 2024, the Court granted Plaintiff an extension of time to April 12, 2024 to 19 file the amended complaint. Dkt. No. 10. On March 29, 2024, the Court mailed Plaintiff a 20 courtesy copy of the February 14, 2024 Order, along with the March 25, 2024 Order. 21 On April 4, 2024, the March 25, 2024 Order was returned to the Court as undeliverable, 22 with the notation that Plaintiff was no longer at the jail. Dkt. No. 11. On April 15, 2024, the 23 courtesy copy of the Court’s February 14, 2024 Order, sent on March 29, 2024, was returned to 24 the Court as undeliverable, with the notation that Plaintiff was no longer at the jail. Dkt. No. 12. 25 N.D. Cal. Civil L.R. 3-11 provides that the Court may, without prejudice, dismiss a 26 complaint when: (1) court mail addressed to the pro se party has been returned to the court as not 27 deliverable, and (2) the Court fails to receive within 60 days of this return a written 28 communication from the pro se party indicating a current address. See N.D. Cal. Civil L.R. 3- 1 11(b). More than sixty days has passed since court mail addressed to Plaintiff was returned as 2 undeliverable. Accordingly, the instant action is DISMISSED without prejudice pursuant to N.D. 3 Cal. Civil L.R. 3-11. Because the dismissal is without prejudice, Plaintiff may move to reopen 4 this action. Any motion to reopen this action must be accompanied by an amended complaint that 5 addresses the deficiencies identified in the February 14, 2024 Order dismissing the complaint with 6 leave to amend, and explain why Plaintiff failed to comply with N.D. Cal. Civil L.R. 3-11. The 7 Clerk shall enter judgment in favor of Defendants and close the case. IT IS SO ORDERED. 8 9 10 United States District Court Northern District of California 11 Dated: 7/3/2024 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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