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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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 EUGENE E. WELCH, No. C 12-6170 WHA (PR) 7 Plaintiff, ORDER OF DISMISSAL 8 v. 9 WILLIAM KNIPP, 10 / For the Northern District of California United States District Court Defendant. 11 12 13 This civil rights case was opened on December 5, 2012, based upon a letter Plaintiff 14 wrote to Judge Thelton Henderson complaining about conditions at Mule Creek State Prison, 15 where plaintiff was incarcerated. He was ordered to file a complaint and either pay the filing 16 fee or file a completed application for leave to proceed in forma pauperis (“IFP”) within thirty 17 days, and he was sent the appropriate forms at the address he provided to the court. On January 18 2, 2013, the forms and notices were returned by the postal service as undeliverable because the 19 address was incorrect. Plaintiff has not notified the clerk of any change of address. As more 20 than sixty days have passed since the mail was returned, the case is DISMISSED without 21 prejudice. See Local R. 3-11(b); Fed. R. Civ. P. 41. 22 The clerk shall enter judgment and close the file. 23 IT IS SO ORDERED. 24 25 Dated: April 17 , 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 26 27 G:\PRO-SE\WHA\CR.12\WELCH6170.311-DSM.wpd 28

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