Oliver v. Bassard

Filing 17

ORDER OF DISMISSAL by Judge William Alsup finding as moot 15 Motion for Summary Judgment (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 1/3/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 IVAN OLIVER, No. C 12-1344 WHA (PR) 9 Plaintiff, ORDER OF DISMISSAL 10 JERED BASSARD, For the Northern District of California United States District Court v. 11 (Dkt. 15) 12 Defendant. 13 / 14 15 This is a civil rights case filed pro se by an inmate in county jail. On September 6, 16 2012, the clerk sent him a copy of the order granting defendant an extension of time to the jail 17 address where plaintiff last indicated that he was located. It was returned on September 18, 18 2012, by the postal service as undeliverable because the address was incorrect. Another order 19 mailed to plaintiff was also returned to the court as undeliverable for the same reason on 20 October 26, 2012. Plaintiff has not notified the clerk of any change of address. As more than 21 sixty days have passed since the mail was returned, the case is DISMISSED without prejudice. 22 See Local R. 3-11(b); Fed. R. Civ. P. 41. Defendant’s motion for summary judgment (dkt. 15) 23 is DENIED as moot. The clerk shall enter judgment and close the file. 24 25 26 IT IS SO ORDERED. Dated: January 3 , 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 27 28 G:\PRO-SE\WHA\CR.12\OLIVER1344.311-DSM.wpd

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