Jordan v. City and County of San Francisco

Filing 5

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 5/14/09. (dlm, COURT STAFF) (Filed on 5/19/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA THOMAS JORDAN, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-00080 JF (PR) ORDER OF DISMISSAL On January 8, 2009, Plaintiff filed the instant civil rights complaint in pro se pursuant to 42 U.S.C. 1983. Plaintiff filed a motion for leave to proceed in forma pauperis which was insufficient for lack of necessary documents, so on the same day the Clerk of the Court sent Plaintiff a notice directing him to file a complete application or pay the filing fee within thirty days of the notice. On February 26, 2009, the notice mailed to Plaintiff was returned by mail to the Clerk of the Court as undeliverable because Plaintiff was no longer in custody. (Docket No. 4.) As of the date of this order, Plaintiff has not updated his address with the Court or submitted any further pleadings in this case. Order of Dismissal P:\PRO-SE\SJ.JF\CR.09\Jordan00080_dism3-11.wpd 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Northern District Local Rule 3-11 a party proceeding pro se must promptly file a notice of change of address while an action is pending. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written communication from the pro se party indicating a current address. See L.R. 3-11(b). More than sixty days have passed since the Court's order addressed to Plaintiff was returned as undeliverable. The Court has not received a notice from Plaintiff of a new address. Accordingly, the instant civil rights action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate any pending motions. IT IS SO ORDERED. DATED: 5/14/09 JEREMY FOGEL United States District Judge Order of Dismissal P:\PRO-SE\SJ.JF\CR.09\Jordan00080_dism3-11.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA THOMAS JORDAN, Plaintiff, v. SF CITY & COUNTY, et al., Defendants. / Case Number: CV09-00080 JF CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. , I SERVED a true and correct copy(ies) of the That on 5/19/09 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. Thomas Jordan 2370206 P.O. Box67 San Bruno, CA 94066 Dated: 5/19/09 Richard W. Wieking, Clerk

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