Nyambi v. Humboldt County Superior Court

Background

Tita Nyambi filed this civil-rights action under 42 U.S.C. § 1983 while proceeding without a lawyer. The court previously dismissed the complaint but allowed Nyambi to amend it, and granted permission to proceed without paying the filing fee. Nyambi has not filed an amended complaint.

The court mailed those orders to the inmate number and address Nyambi provided. The mail was returned as undeliverable. The Clerk later mailed the orders to another address Nyambi had provided for use after being released from custody, but that mail was also returned. More than 60 days had passed since the returned mail, and the court had not received a written communication providing a current address.

Applicable Rules

Northern District of California Civil Local Rule 3-11 requires a self-represented party whose address changes during a case to promptly file and serve a notice of the new address. The rule permits dismissal without prejudice when court mail is returned as undeliverable and the party does not provide a current address within 60 days.

Federal Rule of Civil Procedure 41(b) permits involuntary dismissal when a plaintiff fails to prosecute a case or comply with the rules or a court order. The court explained that dismissal under Rule 41(b) is appropriate only when the failure to comply is unreasonable. Nyambi had previously been ordered to keep the court informed of address changes and warned that failure to do so could lead to dismissal.

Order

The court ordered Nyambi, by January 21, 2026, to provide a current valid mailing address and any identification number needed to receive court mail. Nyambi must also show cause—provide a reason—why the case should not be dismissed under Civil Local Rule 3-11 or Rule 41(b).

The court did not dismiss the case in this order. It stated that failure to comply with the order will result in dismissal.