Ballard v. Duran
Ballard v. Duran
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KENNETH RAY BALLARD, Case No. 25-cv-00955-NW
8 Plaintiff, ORDER OF DISMISSAL v. 9
10 SAUL DURAN, et al., Defendants. 11
12 13 On January 30, 2025, Plaintiff Kenneth Ray Ballard filed the instant pro se civil rights 14 action. ECF No. 1. After this matter was reassigned on February 13, 2025, correspondence 15 mailed to Ballard was returned as undeliverable, and Ballard has still not provided the Court with 16 his current address or made any contact with the Court in three months. ECF Nos. 6, 7. 17 Pursuant to Northern District Civil Local Rule 3-11, a party proceeding without attorney 18 representation (pro se) whose address changes while an action is pending must promptly file and 19 serve upon all opposing parties a notice of change of address specifying the new address. Civ. 20 L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when: (1) mail directed to 21 the pro se party by the court has been returned to the court as not deliverable, and (2) the court 22 fails to receive within 60 days of this return a written communication from the pro se party 23 indicating a current address. Civ. L.R. 3-11(b); see also Carey v. King,
856 F.2d 1439, 1441(9th 24 Cir. 1988) (affirming dismissal of pro se prisoner’s complaint for failing to notify court of his 25 change of address). 26 27 1 Accordingly, the matter is DISMISSED without prejudice to Ballard filing a motion to 2 || reopen the action. Any motion to reopen must be accompanied by notice of his current address. 3 The Clerk shall close the file. 4 IT IS SO ORDERED. 5 Dated: May 13, 2025 . f □ Noél Wise 7 United States District Judge 8 9 10 11 12
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Reference
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