Ballard v. Duran
- Wise
- 5:25-cv-00955
- U.S. District Court · Northern District of California
- 2
In Ballard v. Duran, Judge Wise dismissed the pro se civil-rights action without prejudice because Ballard failed to provide a current address.
Kenneth Ray Ballard's case was dismissed without prejudice because he did not provide a current address or contact the court; the order also directed the clerk to close the file.
What happened
In Ballard v. Duran, Kenneth Ray Ballard filed a civil-rights case without a lawyer. Court mail was returned as undeliverable, and he did not provide a current address or contact the court for three months.
A Northern District of California rule requires people representing themselves to promptly report address changes. It allows dismissal without prejudice when court mail is returned and the person does not provide a current address within 60 days.
Judge Noél Wise dismissed the matter without prejudice. Ballard may ask to reopen the action, but any such request must include his current address; the clerk was ordered to close the file.
The detailed version
- Ballard v. Duran · No. 5:25-cv-00955
- Wise
- May 13, 2025
Background
Kenneth Ray Ballard filed this civil-rights action without an attorney. After the case was reassigned, correspondence sent to Ballard was returned as undeliverable. The court stated that Ballard had not provided his current address or contacted the court for three months.
Rule Applied
Northern District of California Civil Local Rule 3-11 requires a person proceeding without an attorney to promptly file and serve a notice of any address change. The rule permits the court to dismiss a complaint without prejudice when mail sent by the court is returned as undeliverable and the court does not receive a written communication identifying the person's current address within 60 days of the returned mail.
Ruling
The court dismissed the matter without prejudice to Ballard filing a motion to reopen. The court stated that any motion to reopen must include notice of Ballard's current address. The clerk was ordered to close the file. Judge Noél Wise signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.