Edmonds v. Alameda County District Attorney et al

Filing 9

ORDER DIRECTING PLAINTIFF TO FILE A NOTICE OF INTENT TO PROSECUTE AND TO PROVIDE COURT WITH CURRENT ADDRESS. Signed by Judge Lucy H. Koh on 12/6/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 12/6/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10

CRAIG A. EDMONDS, JR.,

11

Plaintiff,
v.

12
13

ALAMEDA COUNTY DISTRICT
ATTORNEY, et al.,

14
Defendants.
15
16

)
)
)
)
)
)
)
)
)
)
)

No. C 11-4320 LHK (PR)
ORDER DIRECTING
PLAINTIFF TO FILE A NOTICE
OF INTENT TO PROSECUTE
AND TO PROVIDE COURT
WITH CURRENT ADDRESS

On August 31, 2011, Plaintiff, a state prisoner proceeding pro se, filed a federal civil

17

rights complaint, pursuant to 42 U.S.C. § 1983. On October 21, 2011, the Court dismissed the

18

complaint with leave to amend, and ordered Plaintiff to file an amended complaint within thirty

19

days, or face dismissal of this action. On November 3, 2011, the order was returned to the Court

20

as undeliverable because Plaintiff is no longer in custody.

21

Pursuant to Federal Rule of Civil Procedure 41(b), a district court may sua sponte

22

dismiss an action for failure to prosecute or to comply with a Court order. See Link v. Wabash

23

R.R., 370 U.S. 626, 633 (1962); McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 1991). But such

24

a dismissal should only be ordered when the failure to comply is unreasonable. See id. The

25

Court should afford the litigant prior notice of its intention to dismiss. See Malone v. United

26

States Postal Serv., 833 F.2d 128, 133 (9th Cir. 1987). Furthermore, pursuant to Northern

27

District Local Rule 3-11, a party proceeding pro se whose address changes while an action is

28

pending must promptly file and serve upon all opposing parties a notice of change of address
specifying the new address. See Civil L.R. 3-11(a).

1

Accordingly, it is in the interests of justice and judicial efficiency for the Court to

2

establish whether Plaintiff intends to continue to prosecute this action. Plaintiff shall file a

3

notice of his current address, and his continued intent to prosecute no later than twenty (20)

4

days from the filing date of this order.

5

Failure to do so will result in the dismissal of this action without prejudice for

6

failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. See Malone,

7

833 F.2d at 133.

8
9
10

IT IS SO ORDERED.
12/6/11
DATED: _________________
LUCY H. KOH
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Directing Plaintiff to File a Notice of Intent to Prosecute and to Provide Court with Current Address
2
P:\pro-se\sj.lhk\cr.11\Edmonds320.41b