Javier v. Benov

Filing 14

ORDER DISMISSING CASE Without Prejudice for Failure to Prosecute, signed by Magistrate Judge Sandra M. Snyder on 11/12/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARIEL JAVIER,

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Case No. 1:14-CV-00534-SMS HC

Petitioner,
ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE

v.
MICHAEL L. BENOV, Administrator,

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Respondent.

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On April 16, 2014, Petitioner Ariel Javier filed a petition for writ of habeas corpus. On

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August 22, 2014, the Court ordered Respondent to file a response. The Clerk of Court served

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Petitioner with a copy of the court order by mail. On September 2, 2014, the order mailed to

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Petitioner was returned to the Clerk marked "undeliverable, unable to forward."

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Local Rule 183 provides:
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A party appearing in propria persona shall keep the Court and opposing parties
advised as to his or her current address. If mail directed to a plaintiff in propria
persona by the Clerk is returned by the U.S. Postal Service, and if such Plaintiff
fails to notify the Court and opposing parties within sixty-three (63) days
thereafter of a current address, the Court may dismiss the action without prejudice
for failure to prosecute.

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More than sixty-three (63) days having elapsed since the return of the notice mailed to

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Plaintiff and Plaintiff's having failed to advise the Court of his current address, it is hereby

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ORDERED that this case be dismissed without prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated:
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November 12, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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