Rangel v. Williams

Opinion

1 2 3 4 7 8 9 JONATHAN RANGEL, Case No. 21-cv-00278-JSC

10 Plaintiff, ORDER OF DISMISSAL WITHOUT 11 v. PREJUDICE

12 V. WILLIAMS, et al., Defendants. 13

14 Plaintiff, a California prisoner proceeding without an attorney, filed this civil rights action 15 under 42 U.S.C. § 1983. As explained in the order to show cause dated January 17, 2024:

16 On October 17, 2023, the most recent order was mailed to [Plaintiff] with the prisoner number and address he provided to the Court on 17 July 5, 2023.1 (ECF Nos. 81, 82, 83.) On October 26, 2023, the order was returned by the postal service because the mail could not 18 be delivered to him at the address and with the number he provided. (ECF No. 84.) Plaintiff has not filed an opposition to Defendants’ 19 motion for summary judgment despite having requested, and received, an extension of time to do so (ECF No. 83); nor has he 20 made contact with the Court in more than six months. 21 (ECF No. 85 at 1 (footnote in original).) As the Court further noted in the order to show cause, 22 Plaintiff had been instructed at the outset of this case “to keep the Court informed of any address 23 change and cautioned that any failure to do so may result in the dismissal of this case.” (Id. at 2 24 (citing ECF No. 5 at 3-4 ¶ 7).) The Court therefore ordered Plaintiff as follows:

25 Within 28 days of the date this order is filed, Plaintiff shall: (1) provide a current valid mailing address and any identification 26 number necessary for him to receive mail; and (2) show cause why 27 this case should not be dismissed under Civil Local Rule 3-11 or 1 Rule 41(b). The failure to do so will result in the dismissal of this case. 2 (ECF No. 85 at 2 (emphasis in original).) The order to show cause was returned by the postal 3 service as undeliverable on January 25, 2024 (ECF No. 86), and Plaintiff has still not provided the 4 Court with his current address or made any contact with the Court. 5 Pursuant to Northern District Civil Local Rule 3-11, a party proceeding without attorney 6 representation (pro se) whose address changes while an action is pending must promptly file and 7 serve upon all opposing parties a notice of change of address specifying the new address. Civ. 8 L.R. 3-11(a). The court may, without prejudice, dismiss a complaint when: (1) mail directed to 9 the pro se party by the court has been returned to the court as not deliverable, and (2) the court 10 fails to receive within 60 days of this return a written communication from the pro se party 11 indicating a current address. Civ. L.R. 3-11(b); see also Carey v. King, 856 F.2d 1439, 1441 (9th 12 Cir. 1988) (affirming dismissal of pro se prisoner’s complaint for failing to notify court of his 13 change of address). In addition, Federal Rule of Civil Procedure 41(b) allows the involuntary 14 dismissal of an action or a claim for “failure of the plaintiff to prosecute or comply with these 15 rules or any order of the court.” A district court may sua sponte dismiss an action pursuant to 16 Rule 41(b). See Link v. Wabash R.R., 370 U.S. 626, 633 (1962). But such a dismissal should be 17 only when the failure to comply is unreasonable. McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 18 1991). 19 Plaintiff has not provided his current address for mailing as required by Civil Local Rule 3- 20 11(a). Plaintiff has been given the opportunity and time to explain and correct this failure, but he 21 has failed to do so. It has been more than four months since Plaintiff’s mail was first returned as 22 undeliverable due to his address being incorrect, which provides grounds for dismissal under Civil 23 Local Rule 3-11(b). There is also grounds for dismissal of this case under Rule 41(b) because 24 Plaintiff has not complied with orders to maintain his current address, and he has made no contact 25 with the Court to provide a reasonable explanation for this lack of compliance. 26 Accordingly, pursuant to Civil Local Rule 3-11(b) and Rule 41(b) of the Federal Rules of 27 Civil Procedure, this case is DISMISSED without prejudice to refiling in a new case in which 1 Plaintiff provides and maintains his correct address. 2 The Clerk shall enter judgment and close the file. 4 Dated: February 28, 2024 5 ne CQUELINE SCOTT CORLEY 6 United States District Judge 7 8 9 10 11 12

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