Thomas v. Prison Health Services et al

Filing 13

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 5/2/11. (dlm, COURT STAFF) (Filed on 5/10/2011)

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NOT FOR CITATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CLAUD M. THOMAS, JR.,
Plaintiff,

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vs.

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PRISON HEALTH SERVICES, et al.,
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Defendants.
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No. C 10-04166 JF (PR)

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ORDER OF DISMISSAL

(Docket No. 12)

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Plaintiff, an inmate currently incarcerated at the Santa Rita Jail in Dublin,

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California, filed the instant civil rights action in pro se pursuant to 42 U.S.C. § 1983

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against jail officials for constitutionally deficient medical care. Finding the complaint,

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liberally construed, stated cognizable claims, the Court ordered service upon Defendants

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on February 23, 2011. (Docket No. 4.)

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On February 28, 2011, the copy of the order of service mailed to Plaintiff was

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returned by mail to the Clerk of the Court as undeliverable because Plaintiff was no

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longer in custody. (Docket No. 5.) As of the date of this order, Plaintiff has not updated

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his address with the Court or submitted any further pleadings in this case. Defendants

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have filed a motion to dismiss for failure to prosecute under Federal Rule of Civil
Order of Dismissal
P:\PRO-SE\SJ.JF\CR.10\Thomas04166_dism3-11.wpd

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Procedure 41(b). (Docket No. 12.) Defendants argue that the Court had advised Plaintiff

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of his responsibility to notify the Court of a change of address in its Order of Service or

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be subject to dismissal under Rule 41(b). (Docket No. 12.) The Court will deny the

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motion as Plaintiff never received a copy of the Order of Service, which was returned as

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undeliverable. See supra at 1.

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However, the complaint is subject to dismissal under Northern District Local Rule

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3-11, which requires a party proceeding pro se to promptly file a notice of change of

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address while an action is pending. See L.R. 3-11(a). The Court may, without prejudice,

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dismiss a complaint when: (1) mail directed to the pro se party by the Court has been

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returned to the Court as not deliverable, and (2) the Court fails to receive within sixty

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

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

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More than sixty days have passed since the Court’s order addressed to Plaintiff

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was returned as undeliverable. The Court has not received a notice from Plaintiff of a

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new address. Accordingly, the instant civil rights action is DISMISSED without

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prejudice pursuant to Rule 3-11 of the Northern District Local Rules.

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This order terminates Docket No. 12.

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IT IS SO ORDERED.

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DATED: 5/2/11
JEREMY FOGEL
United States District Judge

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Order of Dismissal
P:\PRO-SE\SJ.JF\CR.10\Thomas04166_dism3-11.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

CLAUD M. THOMAS, JR,

Case Number: CV10-04166 JF

Plaintiff,

CERTIFICATE OF SERVICE

v.
PRISON HEALTH SERVICES, 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.
That on 5/10/11
, 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.

Claud M. Thomas AQI-083
Santa Rita Jail
5325 Broder Blvd
Dublin, CA 94568
Dated:

5/10/11
Richard W. Wieking, Clerk