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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JUSTIN S. DRAKE, 9 Petitioner, 10 v. 11 For the Northern District of California United States District Court No. C-11-6251 EMC (pr) VIMAL SINGH, acting warden, 12 ORDER OF DISMISSAL Respondent. ___________________________________/ 13 14 15 On July 9, 2012, mail was sent from the Court to Petitioner at the address he provided on his 16 petition and was returned undelivered on July 26, 2012, marked “return to sender,” “unclaimed/not 17 in custody,” and “Reg. 2,” indicating the inmate may have been paroled to Region 2. Petitioner has 18 not provided any address other than the one to which the undeliverable mail was sent, and Court 19 staff has not been able to locate him using the prisoner identification number he provided. More 20 than sixty days have passed since the mail was returned to the Court undelivered. Petitioner has 21 failed to comply with Local Rule 3-11(a) which requires that a party proceeding pro se must 22 “promptly file with the Court and serve upon all opposing parties a Notice of Change of Address 23 specifying the new address” when his address changes. Local Rule 3-11(b) allows the court to 24 dismiss an action without prejudice when mail directed to a pro se party is returned as not 25 /// 26 /// 27 /// 28 /// 1 deliverable and the pro se party fails to send a current address within sixty days of the return of the 2 undelivered mail. This action is dismissed without prejudice because Petitioner failed to keep the 3 Court informed of his address in compliance with Local Rule 3-11(a). The Clerk shall close the file. 4 5 IT IS SO ORDERED. 6 7 Dated: January 4, 2013 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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