Rangel v. Williams

Background

Jonathan Rangel, a California prisoner proceeding without an attorney, filed this civil-rights action under 42 U.S.C. § 1983. The court stated that an order mailed on October 17, 2023, using the prisoner number and address Rangel had provided, was returned by the postal service as undeliverable on October 26, 2023.

The court also stated that Rangel had not opposed the defendants’ motion for summary judgment, even though he had requested and received an extension of time, and had not contacted the court for more than six months.

Rules discussed

Northern District of California Civil Local Rule 3-11 requires a party proceeding without an attorney to promptly file and serve a notice of any address change. The rule allows the court to dismiss a complaint without prejudice when court mail is returned as undeliverable and the party does not provide a current address within 60 days.

The court also discussed Federal Rule of Civil Procedure 41(b), which allows involuntary dismissal for failing to prosecute a case or comply with court rules or orders. The court noted that such dismissal is appropriate when the failure to comply is unreasonable and that Rangel had previously been warned that failing to keep the court informed of address changes could lead to dismissal.

Order

The court ordered Rangel, within 28 days of the order’s filing, to provide a current valid mailing address and any identification number necessary to receive mail, and to show cause—meaning explain—why the case should not be dismissed under Civil Local Rule 3-11 or Rule 41(b). The court stated that failing to do so would result in dismissal. This order itself did not dismiss the case. It was signed by Judge Jacqueline Scott Corley.