Opinion
No. C 02-2669 JSW (PR).
July 18, 2003.
ORDER VACATING BRIEFING SCHEDULE AND DISMISSING COMPLAINT
Plaintiff, incarcerated at the Contra Costa County Jail in Martinez, filed a pro se civil rights complaint for damages under 42 U.S.C. § 1983. On October 15, 2002, Judge Susan Illston ordered service of Plaintiff's excessive force claim on Defendants Antioch Police Officers Truitt and Ladue (docket no. 6). On January 14, 2003, Plaintiff's action was reassigned to this Court (docket no. 11). On April 1, 2003, this Court issued a new briefing schedule for dispositive motions (docket no. 12). On April 10, 2003, the copy of the order sent to Plaintiff at the last address he provided the Court was returned (docket no. 13). The Court has received no written or other communication from Plaintiff since a letter dated August 13, 2002, requesting a copy of his complaint (docket no. 5).
Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes while an action is pending must promptly file and serve upon all opposing parties a notice of change of address specifying the new address. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint or strike an answer when: (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written communication from the pro se party indicating a current address. See L.R. 3-11(b).
Mail directed to Plaintiff by the Court has been returned to the Court as undeliverable and the Court has not received within sixty days of this return a written communication from Plaintiff indicating a current address. Accordingly, this complaint is hereby DISMISSED without prejudice per L.R. 3-11.
The Court's prior briefing schedule is hereby VACATED (docket no. 12).
IT IS SO ORDERED.