Soto v. Henessy et al

Filing 16

ORDER by Judge Lucy H. Koh granting 14 Motion to Dismiss (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 5/24/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID G. SOTO,
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Plaintiff,
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v.
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DEPUTY JONES,
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Defendant.
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No. C 10-4072 LHK (PR)
ORDER GRANTING MOTION
TO DISMISS

Plaintiff, proceeding pro se, filed the instant civil rights complaint pursuant to 42 U.S.C.

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§ 1983. On November 10, 2010, the Court screened Plaintiff’s complaint and ordered service

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upon Defendant. On March 21, 2011, mail sent to Plaintiff by the Court was returned to the

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Clerk of the Court with a notation that it was undeliverable. As of the date of this order, 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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Defendant has filed a motion to dismiss on the ground that Plaintiff failed to update his address.

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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

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the new address. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint

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when: (1) mail directed to the pro se party by the Court has been returned to the Court as not

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deliverable, and (2) the Court fails to receive within sixty days of this return a written

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communication from the pro se party indicating a current address. See L.R. 3-11(b).
Order Granting Motion to Dismiss
P:\PRO-SE\SJ.LHK\CR.10\Soto072dis311.wpd

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More than sixty days have passed since the mail sent 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, Defendant’s motion is GRANTED, and the instant complaint is DISMISSED

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without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk of the

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Court shall enter judgment and close the file.

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IT IS SO ORDERED.
Dated:

5/24/11
LUCY H. KOH
United States District Judge

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Order Granting Motion to Dismiss
P:\PRO-SE\SJ.LHK\CR.10\Soto072dis311.wpd

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