Pitts v. West County Detention Facility Officer Battles

Filing 10

ORDER OF DISMISSAL. Signed by Judge Edward J. Davila on 9/8/2021. (amkS, COURT STAFF) (Filed on 9/8/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Case 5:21-cv-03723-EJD Document 10 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 12 13 14 15 16 NICKOLAS EMANUEL JEREMIAH PITTS, Case No. 21-03723 EJD (PR) ORDER OF DISMISSAL Plaintiff, v. WEST COUNTY DETENTION FACILITY OFFICER BATTLES, Defendant. 17 18 Plaintiff, a county inmate proceeding pro se, filed civil rights complaint pursuant to 19 42 U.S.C. § 1983, and a motion for leave to proceed In Forma Pauperis (“IFP”). Dkt. Nos. 20 1, 2. On June 9, 2021, the Clerk issued a notice of reassignment. Dkt. No. 8. On June 28, 21 2021, the notice of reassignment sent to Plaintiff was returned to the Court as 22 undeliverable because Plaintiff was no longer in custody. Dkt. No. 9. To date, Plaintiff 23 has had no further communication with the Court. 24 Pursuant to Northern District Local Rule 3-11, a party proceeding pro se must 25 promptly file a notice of change of address while an action is pending. See L.R. 3-11(a). 26 The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro 27 se party by the Court has been returned to the Court as not deliverable, and (2) the Court 28 fails to receive within sixty days of this return a written communication from the pro se Case 5:21-cv-03723-EJD Document 10 Filed 09/08/21 Page 2 of 2 1 2 party indicating a current address. See L.R. 3-11(b). More than sixty days have passed since the mail addressed to Plaintiff at the West 3 County Detention Facility in Richmond was returned as undeliverable. The Court has not 4 received a notice from Plaintiff regarding a new address. Accordingly, the instant civil 5 rights action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern 6 District Local Rules. 7 The Clerk shall terminate any pending motions. 8 IT IS SO ORDERED. 9 9/8/2021 Dated: _____________________ ________________________ EDWARD J. DAVILA United States District Judge 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 Order of Dismissal PRO-SE\EJD\CR.21\03723Pitts_dis-LR3 2

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