Smith v. Pelican Bay State Prison

Filing 5

ORDER of Dismissal. Signed by Judge Edward M. Chen on 12/21/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 12/21/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In Re

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KENNETH ARDELL SMITH,

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For the Northern District of California

United States District Court

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No. C-12-1353 EMC (pr)

Plaintiff.

ORDER OF DISMISSAL

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On July 10, 2012, mail was sent from the Court to Plaintiff at the address he provided on his

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complaint and was returned undelivered on July 19, 2012, marked "return to sender" and "not

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deliverable as addressed, unable to forward." More than sixty days have passed since the mail was

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returned to the Court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which

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requires that a party proceeding pro se must "promptly file with the Court and serve upon all

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opposing parties a Notice of Change of Address specifying the new address" when his address

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changes. Local Rule 3-11(b) allows the Court to dismiss a complaint without prejudice when mail

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directed to a pro se party is returned as not deliverable and the pro se party fails to send a current

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address within sixty days of the return of the undelivered mail. This action is dismissed without

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prejudice because Plaintiff failed to keep the Court informed of his address in compliance with

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Local Rule 3-11(a). The Clerk shall close the file.

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IT IS SO ORDERED.
Dated: December 21, 2012

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_________________________
EDWARD M. CHEN
United States District Judge