Alexander v. Santa Clara Police Department et al

Filing 9

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 8/28/13. (jg, COURT STAFF) (Filed on 8/28/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ROBERT JOSEPH CAMPOSALEXANDER, III, ) ) ) Plaintiff, ) ) v. ) ) ) SANTA CLARA POLICE DEPARTMENT, ) et al., ) ) Defendants. ) ) ) No. C 13-0308 RMW (PR) ORDER OF DISMISSAL 18 19 On January 23, 2013, plaintiff, proceeding pro se, filed a civil rights complaint pursuant 20 to 42 U.S.C. § 1983. On May 13, 2013, the court issued an order dismissing the complaint with 21 leave to amend. (Docket No. 7.) On May 30, 2013, the court’s order was returned as 22 undeliverable due to plaintiff no longer being in custody. (Docket No. 8.) As of the date of this 23 order, plaintiff has not filed a notice of change of address or submitted any further pleadings in 24 this case. 25 Pursuant to Northern District Local Rule 3-11 a party proceeding pro se must promptly 26 file a notice of change of address while an action is pending. See L.R. 3-11(a). The court may, 27 without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court 28 has been returned to the court as not deliverable, and (2) the court fails to receive within sixty Order of Dismissal G:\PRO-SE\RMW\CR.13\Alexander308_LR13dismissal.wpd 1 days of this return a written communication from the pro se party indicating a current address. 2 See L.R. 3-11(b). 3 More than sixty days have passed since the mail addressed to plaintiff was returned as 4 undeliverable. The court has not received a notice from plaintiff of a new address. Accordingly, 5 the instant civil rights action is DISMISSED without prejudice pursuant to Rule 3-11 of the 6 Northern District Local Rules. 7 The clerk shall terminate any pending motions. 8 IT IS SO ORDERED. 9 DATED: RONALD M. WHYTE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal G:\PRO-SE\RMW\CR.13\Alexander308_LR13dismissal.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT J CAMPOS ALEXANDER III, Case Number: CV13-00308 RMW Plaintiff, CERTIFICATE OF SERVICE v. SANTA CLARA POLICE DEPT. et al, Defendant. / 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 August 28, 2013, 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. ROBERT JOSEPH CAMPOS-ALEXANDER PFN# EBM-728 3-W-13 Booking #12055548 & 12007358 885 North San Pedro St San Jose, CA 95110 Dated: August 28, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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