McCann

Filing 10

ORDER OF DISMISSAL. More than sixty days have passed since the mail 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 DISMISS ED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate any pending motions. Signed by Judge Edward J. Davila on 5/25/2016. (ecg, COURT STAFF) (Filed on 5/26/2016) (Additional attachment(s) added on 5/26/2016: # 1 Certificate/Proof of Service) (ecg, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE DERRICK MCCANN,
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Plaintiff.
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No. C 16-00640 EJD (PR)

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ORDER OF DISMISSAL

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Plaintiff, a state prisoner at Correctional Training Facility (“CTF”), filed a letter on

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February 8, 2016, which initiated this civil rights action under 42 U.S.C. § 1983. (Docket

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No. 1.)1 On the same day, the Clerk of the Court sent notices to Plaintiff directing him to

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file a complaint on the Court form, and to either pay the filing fee or file an application to

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proceed in forma pauperis (“IFP”). On March 21, 2016, mail sent to Plaintiff was

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returned to the Court as undeliverable with a notation that Plaintiff had been paroled on

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February 23, 2016. As of the date of this order, Plaintiff has not filed a notice of change

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of address or submitted any further pleadings in this case.
Pursuant to Northern District Local Rule 3-11 a party proceeding pro se must

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The action was reassigned to this Court when Plaintiff failed to respond, within the
time proved, to a request for consent to proceed before a magistrate judge. (Docket No.
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Order of Dismissal
P:\PRO-SE\EJD\CR.16\00640McCann_dism LR3-11.wpd

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promptly file a notice of change of address while an action is pending. See L.R. 3-11(a).

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The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro

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se party by the Court has been returned to the Court as not deliverable, and (2) the Court

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fails to receive within sixty days of this return a written communication from the pro se

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party indicating a current address. See L.R. 3-11(b).

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More than sixty days have passed since the mail addressed to Plaintiff was

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

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

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

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The Clerk shall terminate any pending motions.

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DATED:

5/25/2016

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
P:\PRO-SE\EJD\CR.16\00640McCann_dism LR3-11.wpd

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