Tiano v. Grounds

Filing 12

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on May 9, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 5/9/2013)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

ARMAND JOSEPH TIANO,

Case No. 11-5011 JST (PR)

Petitioner,
9
v.

ORDER OF DISMISSAL

10
11

RANDY GROUNDS, Warden,

United States District Court
Northern District of California

Respondent.
12
13
14
15
Petitioner, a prisoner at California Institute for Men proceeding pro se, filed the instant
16
17
18
19
20
21

petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 29, 2012, mail sent to
petitioner by the Court was returned to the Clerk of the Court with a notation that it was
undeliverable and “Unable to Forward.” (See Docket No. 8.) As of the date of this order,
petitioner has not updated his address with the Court or submitted any further pleadings in this
case.
Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address

22

changes while an action is pending must promptly file a notice of change of address specifying the

23

new address. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when:

24

(1) mail directed to the pro se party by the court has been returned to the court as not deliverable,

25

and (2) the court fails to receive within sixty days of this return a written communication from the

26

pro se party indicating a current address. See L.R. 3-11(b).

27
28

More than sixty days have passed since the mail directed to petitioner by the Court was
returned as undeliverable. The Court has not received a notice from petitioner of a new address.

1

Accordingly, the instant habeas action is DISMISSED without prejudice pursuant to Rule 3-11 of

2

the Northern District Local Rules. The Clerk shall terminate all pending motions and close the

3

file.

4
5

IT IS SO ORDERED.
Dated: May 9, 2013

6
_______________________________
JON S. TIGAR
United States District Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2