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)

Case 5:21-cv-03723-EJD Document 10 Filed 09/08/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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NICKOLAS EMANUEL JEREMIAH
PITTS,

Case No. 21-03723 EJD (PR)
ORDER OF DISMISSAL

Plaintiff,
v.
WEST COUNTY DETENTION
FACILITY OFFICER BATTLES,
Defendant.

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Plaintiff, a county inmate proceeding pro se, filed civil rights complaint pursuant to

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42 U.S.C. § 1983, and a motion for leave to proceed In Forma Pauperis (“IFP”). Dkt. Nos.

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1, 2. On June 9, 2021, the Clerk issued a notice of reassignment. Dkt. No. 8. On June 28,

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2021, the notice of reassignment sent to Plaintiff was returned to the Court as

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undeliverable because Plaintiff was no longer in custody. Dkt. No. 9. To date, Plaintiff

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has had no further communication with the Court.

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Pursuant to Northern District Local Rule 3-11, a party proceeding pro se must

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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

Case 5:21-cv-03723-EJD Document 10 Filed 09/08/21 Page 2 of 2

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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

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County Detention Facility in Richmond was returned as undeliverable. The Court has not

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received a notice from Plaintiff regarding a new address. Accordingly, the instant civil

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rights action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern

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District Local Rules.

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The Clerk shall terminate any pending motions.

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IT IS SO ORDERED.

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9/8/2021
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Order of Dismissal
PRO-SE\EJD\CR.21\03723Pitts_dis-LR3

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