Drake v. Singh

Filing 13

ORDER of Dismissal. Signed by Judge Edward M. Chen on 1/4/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUSTIN S. DRAKE,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-11-6251 EMC (pr)

VIMAL SINGH, acting warden,

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ORDER OF DISMISSAL

Respondent.
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On July 9, 2012, mail was sent from the Court to Petitioner at the address he provided on his

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petition and was returned undelivered on July 26, 2012, marked “return to sender,” “unclaimed/not

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in custody,” and “Reg. 2,” indicating the inmate may have been paroled to Region 2. Petitioner has

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not provided any address other than the one to which the undeliverable mail was sent, and Court

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staff has not been able to locate him using the prisoner identification number he provided. More

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than sixty days have passed since the mail was returned to the Court undelivered. Petitioner has

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failed to comply with Local Rule 3-11(a) which requires that a party proceeding pro se must

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“promptly file with the Court and serve upon all opposing parties a Notice of Change of Address

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specifying the new address” when his address changes. Local Rule 3-11(b) allows the court to

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dismiss an action without prejudice when mail directed to a pro se party is returned as not

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deliverable and the pro se party fails to send a current address within sixty days of the return of the

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undelivered mail. This action is dismissed without prejudice because Petitioner failed to keep the

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Court informed of his address in compliance with Local Rule 3-11(a). The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: January 4, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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