Opinion
22-cv-07229-JST
05-02-2023
GIOVANNI MONTES, Plaintiff, v. MILLER, Defendant.
ORDER OF DISMISSAL
JON S. TIGAR UNITED STATES DISTRICT JUDGE
Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. On February 21, 2023, Court mail addressed to Plaintiff was returned as undeliverable because Plaintiff was no longer in custody. ECF Nos. 11, 12, 13. N.D. Cal. L.R. 3-11 provides that the Court may, without prejudice, dismiss a complaint when: (1) court mail addressed to the pro se party has been returned to the court as not deliverable, and (2) the Court fails to receive within 60 days of this return a written communication from the pro se party indicating a current address. See N.D. Cal. Civil L.R. 3-11(b). More than sixty days has passed since court mail addressed to Plaintiff was returned as undeliverable. Accordingly, the instant action is DISMISSED without prejudice pursuant to N.D. Cal. Civil L.R. 3-11. The Clerk shall enter judgment in favor of Defendant and close the case.
IT IS SO ORDERED.