Anderson v. San Mateo County Jail et al

Filing 4

ORDER OF DISMISSAL. Signed by Lucy H. Koh on 7/25/17. (Attachments: # 1 Certificate/Proof of Service)(iym, COURT STAFF) (Filed on 7/25/2017)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 United States District Court Northern District of California NATHAN H. ANDERSON, 12 Case No. 17-CV-01999-LHK (PR) Plaintiff, 13 14 15 v. ORDER OF DISMISSAL SAN MATEO COUNTY JAIL, et al., Defendants. 16 17 On April 10, 2017, plaintiff, a California state prisoner proceeding pro se, filed a 18 complaint pursuant to 42 U.S.C. § 1983. That same day, the Clerk sent plaintiff a notice that he 19 had not paid the filing fee and the in forma pauperis (“IFP”) application he filed was deficient. 20 On May 23, 2017, the Clerk’s notice mailed to plaintiff was returned to the court with a notation 21 that plaintiff was no longer in custody, and no forwarding address was provided. To date, plaintiff 22 has had no further contact with the court. 23 Pursuant to Northern District Local Rule 3-11, the court may, without prejudice, dismiss a 24 complaint when: (1) mail directed to the pro se party by the court has been returned to the court as 25 not deliverable, and (2) the court fails to receive within sixty days of this return a written 26 27 28 Case No. 17-CV-01999-LHK (PR) ORDER OF DISMISSAL 1 communication from the pro se party indicating a current address. See Civil L.R. 3-11(b). 1 Here, more than sixty days have passed since May 23, 2017, when mail that the court sent 2 3 4 5 6 7 to plaintiff was returned to the court with no forwarding address. The court has not received a notice from plaintiff of a new address. Accordingly, the instant complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate all pending motions, enter judgment, and close the file. IT IS SO ORDERED. 7/25/17 Dated: _______________________ 8 __________________________ LUCY H. KOH United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 17-CV-01999-LHK (PR) ORDER OF DISMISSAL 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?