Elawyers Elawyers
Washington| Change

Bolton v. Doyle, 15-cv-05238-LB. (2016)

Court: District Court, N.D. California Number: infdco20161214921 Visitors: 14
Filed: Dec. 13, 2016
Latest Update: Dec. 13, 2016
Summary: ORDER OF DISMISSAL [Re: ECF No. 39] LAUREL BEELER , Magistrate Judge . On September 30, 2016, mail was sent from the court to the plaintiff at the most recent address he provided to the court and was returned undelivered on October 12, 2016, marked "return to sender — not deliverable as addressed — unable to forward." (ECF No. 45.) Mail sent from the court to the plaintiff at the other address he provided to the court had been returned undelivered on July 21, 2016. (ECF No. 37.) The plaint
More

ORDER OF DISMISSAL

[Re: ECF No. 39]

On September 30, 2016, mail was sent from the court to the plaintiff at the most recent address he provided to the court and was returned undelivered on October 12, 2016, marked "return to sender — not deliverable as addressed — unable to forward." (ECF No. 45.) Mail sent from the court to the plaintiff at the other address he provided to the court had been returned undelivered on July 21, 2016. (ECF No. 37.) The plaintiff has not provided any address other than the addresses to which the undeliverable mail was sent. More than sixty days have passed since the mail was returned to the court undelivered. The plaintiff has failed to comply with Local Rule 3-11(a) which requires a party proceeding pro se to "promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address" when his address changes. Local Rule 3-11(b) allows the court to dismiss a complaint without prejudice when mail directed to a pro se party is returned as not deliverable and the pro se party fails to send a current address within sixty days of the return of the undelivered mail. This action is DISMISSED without prejudice because the plaintiff failed to keep the court informed of his address in compliance with Local Rule 3-11(a).

In light of the foregoing dismissal, the defendant's motion for summary judgment is DISMISSED as moot. (ECF No. 39.)

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer