Turner v. Warden

Filing 3

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 2/26/13. (jjoS, COURT STAFF) (Filed on 2/26/2013)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16

ANTHONY R. TURNER,

)
)
Plaintiff,
)
)
v.
)
)
)
GROUNDS, Warden,
)
)
Defendants.
_________________________________ )

No. C 12-5496 JSW (PR)
ORDER OF DISMISSAL

17
18

On October 24, 2012, Plaintiff, a California prisoner, filed a pro se civil action in

19

this Court. On the same day, the Clerk notified Plaintiff that he had neither paid the

20

filing fee nor filed an application to proceed in forma pauperis (“IFP”). Along with the

21

notice, the Clerk mailed to Plaintiff the Court’s IFP forms, instructions for completing

22

the forms, and a stamped return envelope. In the notice, Plaintiff was informed that the

23

case would be dismissed if he did not either pay the filing fee or file an IFP application

24

within thirty days. The notice was sent to Plaintiff at the address he provided to the

25

Court, but on November 7, 2012, it was returned by the postal service as undeliverable

26

because Plaintiff was not located at that address. Local Rule 3.11 requires Plaintiff to

27

notify the Court of any change in his address, and that his failure to do so within sixty

28

days of a change of address will result in the dismissal of the action. Plaintiff has not

1

provided the Court with a correct address within sixty days of the date the mail was

2

returned as undeliverable. Accordingly, this case is DISMISSED without prejudice.

3

The Clerk shall enter judgment and close the file.

4

IT IS SO ORDERED.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DATED: February 26, 2013
JEFFREY S. WHITE
United States District Judge

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
ANTHONY TURNER,

Case Number: CV12-05496 JSW

Plaintiff,

CERTIFICATE OF SERVICE

6
7
v.

8
WARDEN et al,

9
Defendant.

10
11
12
13
14

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on February 26, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Anthony R. Turner
G27511
P.O. Box 1050
Soledad, CA 93960
Dated: February 26, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk