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BROWN v. CALVO

United States District Court, N.D. California


February 5, 2004.

CEDRIC MEDALE BROWN, Plaintiff,
v.
DONALD CALVO, et al., Defendants

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
Plaintiff, while incarcerated at San Quentin State Prison ("SQSP"), filed this pro se civil rights action pursuant to 42 U.S.C. ยง 1983. After reviewing the complaint, the Court found that, liberally construed, plaintiff's allegations that defendants provided him with inadequate medical care stated a cognizable claim for violation of his Eighth Amendment rights.

The Court sent plaintiff a form for obtaining photocopies of documents in the court file in response to his request for copies of various documents. On November 7, 2003, this form was returned by the United States Postal Service as undeliverable on February 19, 2002, because plaintiff is not at the last address he has provided to the Court. Subsequent orders mailed to plaintiff at that address were also returned as undeliverable on December 29, 2003, and January 28, 2004.*fn1 Defendants have filed a motion to dismiss this action for failure to prosecute, citing Local Rule 3-11 and Rule 41(b) of the Federal Rules of Civil Procedure. Local Rule 3-11 provides for the dismissal of an action in which a pro se plaintiff fails to notify the Court of a change of address within sixty days of the date mail is returned to the Court as not deliverable. As more than sixty days have passed since the return of plaintiff's Page 2 mail as not deliverable, and plaintiff has not notified the Court of his correct current address, defendants' motion to dismiss is GRANTED, and this action is hereby DISMISSED without prejudice to refiling in an action in which plaintiff provides and updates the Court with his correct address.

  This order terminates docket number 23 and any other pending motions. The Clerk shall close the file.

  IT IS SO ORDERED. Page 1

 [EDITORS NOTE: THIS PAGE CONTAINED "CERTIFICATE OF SERVICES"] Page 1

  JUDGMENT IN A CIVIL CASE

  Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

  Decision by Court. This action came to trial or hearing before the Court The issues have been tried or heard and a decision has been rendered.

  It is ORDERED AND ADJUDGED defendants' motion to dismiss is GRANTED, and this action is hereby DISMISSED without prejudice to refiling in an action in which plaintiff provides and updates the Court with his correct address.


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