Harrell v. Garcia

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ESHAWN MAURICE HARRELL,
Plaintiff,
v.
G. GARCIA,
Defendant.
Case No. 25-cv-07435-NW
ORDER DISMISSING MATTER
WITHOUT PREJUDICE
On February 20, 2026, this Court mailed Plaintiff Eshawn Maurice Harrell, a former pro se
state detainee, orders granting his application to proceed in forma pauperis and dismissing his
Complaint with leave to amend. See ECF Nos. 6, 7. The orders were returned to the Court as
undeliverable because Harrell was no longer in custody on March 5, 2026. See ECF No. 8.
Pursuant to Northern District Civil Local Rule 3-11, a pro se party whose address changes
while an action is pending must promptly file and serve upon all opposing parties a notice of
change of address specifying the new address. Civ. L.R. 3-11(a). The Court may, without
prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court has been
returned to the court as not deliverable, and (2) the court fails to receive within 60 days of this
return a written communication from the pro se party indicating a current address. Civ. L.R. 3-
11(b); see also Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988) (affirming dismissal of pro se
prisoner’s complaint for failing to notify court of his change of address). More than 60 days have
passed, and the Court has not received any communications from Harrell.
Accordingly, the matter is DISMISSED WITHOUT PREJUDICE.
Case 5:25-cv-07435-NW Document 9 Filed 05/07/26 Page 1 of 2

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United States District Court
Northern District of California
The Clerk shall close the file.
IT IS SO ORDERED.
Dated: May 7, 2026
Noël Wise
United States District Judge
Case 5:25-cv-07435-NW Document 9 Filed 05/07/26 Page 2 of 2