Holmes v. Petersen et al
Filing
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ORDER of Dismissal. Signed by Judge Edward M. Chen on 2/8/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 2/8/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROBERT CALVIN HOLMES, JR.,
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Plaintiff,
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v.
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For the Northern District of California
United States District Court
No. C-12-3070 EMC
KYLE PETERSON, et al.,
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ORDER OF DISMISSAL
Defendants.
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On November 1, 2012, mail was sent from the Court to Plaintiff at the address he provided
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on his complaint and was returned undelivered on November 28, 2012, marked "return to sender"
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and "not in custody." Plaintiff has not provided any address other than the one to which the
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undeliverable mail was sent. More than sixty days have passed since the mail was returned to the
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Court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which requires that a
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party proceeding pro se must "promptly file with the Court and serve upon all opposing parties a
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Notice of Change of Address specifying the new address" when his address changes. Local Rule 3-
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11(b) allows the Court to dismiss a complaint without prejudice when mail directed to a pro se party
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is returned as not deliverable and the pro se party fails to send a current address within sixty days of
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the return of the undelivered mail. This action is dismissed without prejudice because Plaintiff
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failed to keep the Court informed of his address in compliance with Local Rule 3-11(a). The Clerk
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shall close the file.
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IT IS SO ORDERED.
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Dated: February 8, 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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