Mitchell v. Lower-Broderson et al

Filing 30

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 11/7/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 11/13/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID MITCHELL,
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Plaintiff,
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v.
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LOWER-BRODERSON, et al.,
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Defendant(s).
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No. C 11-524 CRB (PR)
ORDER OF DISMISSAL

(Docket # 27)

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Plaintiff filed the instant pro se civil rights complaint under 42 U.S.C. § 1983.

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Plaintiff's last communication with the Court was on May 31, 2011, when he filed a

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notice of interrogatories. Docket # 3.

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On August 3, 2012, the post office returned the court's mail to plaintiff as

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undeliverable because he was paroled. Docket # 25. The court received no

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written communication from plaintiff indicating a current address. On August

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29, 2012, defendants’ attorney filed a declaration stating that he was informed by

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Salinas Valley State Prison that plaintiff was paroled on May 29, 2012.

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Defendant’s attorney also informed the court of plaintiff’s current mailing

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address which he obtained from plaintiff’s parole agent. Docket # 26.

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On October 10, 2012, the court ordered plaintiff to show cause, within 20

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days, why this action should not be dismissed for failure to prosecute under Rule

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41(b). It also warned plaintiff that failure to respond to the order would result in

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the dismissal of this action. Docket # 29.

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More than 25 days have elapsed; however, plaintiff has not responded to

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the court’s order to show cause, or sought an extension of time to do so. The

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action is DISMISSED without prejudice. See Fed. R. Civ. P. 41(b).

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The clerk shall enter judgment accordance with this order, terminate all

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pending motions as moot, (docket # 27), and close the file.

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SO ORDERED.

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DATED: Nov. 7, 2012
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.11\Mitchell, D1.dism.wpd

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