Ames
Ames
Trial Court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 In re MAXWELL RYAN AMES, 6 Case No. 22-cv-02414-YGR (PR)
7 ORDER OF DISMISSAL WITHOUT PREJUDICE 8 9 10
11 This suit was reassigned from a magistrate judge to the undersigned in light of a Ninth 12 Circuit decision.1 Plaintiff filed the present pro se prisoner complaint under
42 U.S.C. § 1983. 13 On June 17, 2022 and July 1, 2022, mail directed to plaintiff by the Court was returned to the 14 Clerk of the Court with a notation that it was undeliverable and given the following notations: 15 “RETURN TO SENDER. NOT DELIVERABLE AS ADDRESSED. UNABLE TO 16 FORWARD. NOT IN CUSTODY.” To date, plaintiff has not updated his address with the Court 17 or submitted any further pleadings in this case. 18 Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address 19 changes while an action is pending must promptly file a notice of change of address specifying the 20 new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint when: 21 (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, 22 and (2) the Court fails to receive within sixty days of this return a written communication from the 23 pro se party indicating a current address. See L.R. 3-11(b). 24 More than sixty days have passed since the mail directed to plaintiff by the Court was 25 returned as undeliverable. The Court has not received a notice from plaintiff of a new address. 26
27 1 Williams v. King,
875 F.3d 500, 503(9th Cir. 2017) (magistrate judge lacked jurisdiction 1 Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the 2 || Northern District Local Rules. The Clerk shall terminate all pending motions and close the file. 3 IT IS SO ORDERED. 4 || Dated: September 23, 2022 5 Oxy fe J fig PAX, lobe. □□ JUDGE YVONNE GONZALEZ ROGERS 6 United States District Judge 7 8 9 10 11 12
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Reference
- Status
- Unknown