Opinion
23-cv-03325-VC
04-17-2024
WAYNE ROMANO SPRINGFIELD, Plaintiff, v. ELMWOOD MEN FACILITY, et al., Defendants.
ORDER OF DISMISSAL
VINCE CHHABRIA, United States District Judge
Wayne Romano Springfield, a former detainee at Elmwood Correctional Facility in Santa Clara County, filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. The complaint was dismissed with leave to amend, but Springfield has not filed an amended complaint or otherwise communicated with the court. It also appears that mail sent to Springfield has been returned as undeliverable because he is no longer in custody. See Dkt. No. 20. Accordingly, this action is DISMISSED without prejudice for failure to prosecute and for failure to comply with the court's order, see Federal Rule of Civil Procedure 41(b).
Because this dismissal is without prejudice, Springfield may move to reopen the action. Any such motion should be clearly labelled “MOTION TO REOPEN” and it must contain an amended complaint. The clerk shall close the case.
IT IS SO ORDERED.