James v. Evans et al

Filing 35

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 5/25/11. (jjoS, COURT STAFF) (Filed on 5/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN E. JAMES, III,

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Plaintiff,

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v.
B. ESSER,
Defendant.

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No. C 07-6193 JSW (PR)
ORDER OF DISMISSAL

(Docket No. 33)

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Plaintiff was a California prisoner when he filed this pro se civil rights complaint
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under 42 U.S.C. § 1983. Plaintiff was released on parole on January 31, 2011, but he has
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not informed the Court or the defendants of his new address. Defendant has filed a
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motion to dismiss for failure to prosecute, and Plaintiff has not opposed the motion. In
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orders dated October 3, 2008, November 8, 2010, and February 1, 2011, the Court
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cautioned Plaintiff that he must keep the Court informed of any change of address and
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that his failure to do so may result in the dismissal of this action. Moreover, Local Rule
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3.11 requires Plaintiff to notify the Court of any change in his address, and that his failure to do

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so within sixty days of a change of address will result in the dismissal of the action. As Plaintiff

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has not provided the Court with a correct address within sixty days of the date he was paroled,

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and both the defendant and the Court are consequently unable to reach him, Defendant’s motion

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to dismiss (docket number 33) is GRANTED and this case is DISMISSED without prejudice.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: May 25, 2011

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN E. JAMES III,

Case Number: CV07-06193 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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MIKE S. EVANS et al,

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Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 25, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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John E. James P-13474
P.O. Box 5104
Delano, CA 93216

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Dated: May 25, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk