Welch v. Knipp

Filing 5

ORDER DISMISSING CASE. Signed by Judge William Alsup on 4/17/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/18/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EUGENE E. WELCH,

No. C 12-6170 WHA (PR)

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Plaintiff,

ORDER OF DISMISSAL

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v.
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WILLIAM KNIPP,
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/
For the Northern District of California

United States District Court

Defendant.
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This civil rights case was opened on December 5, 2012, based upon a letter Plaintiff

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wrote to Judge Thelton Henderson complaining about conditions at Mule Creek State Prison,

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where plaintiff was incarcerated. He was ordered to file a complaint and either pay the filing

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fee or file a completed application for leave to proceed in forma pauperis (“IFP”) within thirty

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days, and he was sent the appropriate forms at the address he provided to the court. On January

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2, 2013, the forms and notices were returned by the postal service as undeliverable because the

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address was incorrect. Plaintiff has not notified the clerk of any change of address. As more

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than sixty days have passed since the mail was returned, the case is DISMISSED without

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prejudice. See Local R. 3-11(b); Fed. R. Civ. P. 41.

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The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: April

17 , 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\CR.12\WELCH6170.311-DSM.wpd

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