Opinion
D.C. No. C08-5193RBL, COA No. 08-35476.
November 12, 2009
ORDER
THIS MATTER comes on before the above-entitled Court sua sponte.
On October 29, 2009, the Clerk mailed to plaintiff's last known address a copy of the United States Court of Appeals for the Ninth Circuit's Mandate reversing this Court's judgment dismissing plaintiff's case. On November 9, 2009, that mailing was returned to the Court as undeliverable. Pursuant to Local Rule 41(b)(2), plaintiff has an obligation to keep the Court informed of his current address. The Rule provides that if within 60 days after mail has been returned as undeliverable plaintiff has not notified the Court of a new address, the Court may dismiss the action without prejudice for failure to prosecute. Therefore, the Clerk is directed to note this matter on the Court's calendar for January 8, 2010 and if plaintiff has not notified the Court of a new address by that date, this matter will be dismissed without prejudice.
IT IS SO ORDERED.
The Clerk shall send uncertified copies of this order to all counsel of record, and to any party appearing pro se.