Mullin v. Santa Clara County ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 TYGHE JAMES MULLIN, Case No. 23-cv-04399-AMO (PR) Plaintiff, 11 v. ORDER OF DISMISSAL WITHOUT 12 PREJUDICE 13 SANTA CLARA COUNTY, et al., Defendants. 14 15 This suit was reassigned from a magistrate judge to the undersigned in light of Ninth 16 Circuit authority.1 Plaintiff Tyghe James Mullin, who had been in custody at the Elmwood 17 Correctional Facility, filed the present pro se prisoner complaint under 42 U.S.C. § 1983. 18 On October 13, 2023, mail directed to Mullin by the Court was returned to the Clerk of the 19 Court with the following notation: “RETURN TO SENDER. NOT DELIVERABLE AS 20 ADDRESSED. UNABLE TO FORWARD.” See Dkts. 6, 7. To date, Mullin has not updated his 21 address with the Court or submitted any further pleadings in this case. 22 Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address 23 changes while an action is pending must promptly file a notice of change of address specifying 24 their new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint when: 25 (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, 26 27 1 Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017) (concluding that magistrate judge 1 and (2) the Court fails to receive within sixty days of this return a written communication from the 2 || pro se party indicating a current address. See L.R. 3-11(b). 3 More than sixty days have passed since the mail directed to Mullin by the Court was 4 || returned as undeliverable. The Court has not received a notice from Mullin of a new address. 5 || Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the 6 || Northern District Local Rules. 7 The Clerk shall terminate all pending motions and close the file. 8 IT IS SO ORDERED. 9 Dated: December 22, 2023 10 Cacek ARACELI MARTINEZ-OLGUIN I United States District Judge g 12 13 («14 15 16 17 Z 18 19 20 21 22 23 24 25 26 27 28