Durden v. San Francisco Sheriff's Department et al

Filing 7

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 03/12/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 3/13/2013)

Download PDF
1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 CURTIS JAMES DURDEN, JR., 8 No. C-12-5193 TEH (PR) Plaintiff, 9 ORDER OF DISMISSAL v. 10 United States District Court For the Northern District of California 11 12 13 SAN FRANCISCO COUNTRY SHERIFF’S DEPARTMENT and DEPUTY ALBA Defendants / 14 On October 5, 2012, Plaintiff Curtis James Durden, Jr., a 15 state prisoner incarcerated at the San Francisco County Jail in San 16 Bruno, filed a civil rights complaint under 42 U.S.C. § 1983 and an 17 application for leave to proceed in forma pauperis (IFP). 18 October 5, 2012, the Court sent Plaintiff a notice that his IFP 19 application was not complete because he had not submitted a 20 Certificate of Funds (COF) in Prisoner’s Account completed and 21 22 23 24 25 26 27 28 Also, on signed by an authorized officer at the County Jail and he had not attached a copy of his prisoner trust account statement showing transactions for the last six months. The notice included a warning that if Plaintiff did not respond within thirty days from the date of the notice, his action would be dismissed, the file closed and the entire filing fee would become due immediately. More than thirty days passed and Plaintiff did not respond 1 to the notice to file a completed COF or a copy of his prisoner 2 trust account statement. 3 Order granting Plaintiff another twenty-one days in which to file 4 these documents. 5 the post office as undeliverable. 6 On November 20, 2012, the Court issued an On December 17, 2012, this mail was returned by Because sixty days have passed since the Court’s mail to 7 Plaintiff was returned as undeliverable, and the Court has received 8 no written communication from Plaintiff indicating a current 9 address, the case is dismissed without prejudice pursuant to Civil 10 Local Rule 3-11(b). 11 The Clerk shall close the file. 12 13 IT IS SO ORDERED. 14 15 16 DATED 03/12/2013 THELTON E. HENDERSON United States District Judge 17 18 19 20 21 G:\PRO-SE\TEH\CR.12\Durden 12-5193 Dis Retd Mail.wpd 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?