Triggs v. Marin County Sheriff's Department et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on June 18, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 6/18/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KETHON LAVERON TRIGGS, Case No. 13-cv-01223-JST (PR) Plaintiff, 8 v. ORDER OF DISMISSAL 9 10 MARIN COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. United States District Court Northern District of California 11 12 On March 19, 2013, plaintiff, a state prisoner incarcerated at the Marin County Jail, filed a 13 14 civil rights complaint under 42 U.S.C. ยง 1983 and an application for leave to proceed in forma 15 pauperis (IFP). On the same date, the Court sent plaintiff a notice that his IFP application was not 16 complete because he had not submitted a Certificate of Funds (COF) in Prisoner's Account 17 completed and signed by an authorized officer at the County Jail. In the notice, plaintiff was 18 informed that the case would be dismissed if he did not either pay the filing fee or file an IFP 19 application within twenty-eight days. The notice was sent to plaintiff at the address he provided to the Court, but on April 8, 20 21 2013, it was returned by the postal service as undeliverable because plaintiff was not located at 22 that address. Local Rule 3.11 requires plaintiff to notify the Court of any change in his address, 23 and that his failure to do so within sixty days of a change of address will result in the dismissal of 24 the action. Plaintiff has not provided the Court with a correct address within sixty days of the date 25 the mail was returned as undeliverable. Nor has plaintiff either paid the filing fee or filed an IFP 26 application in the time provided. 27 /// 28 /// 1 Accordingly, this case is DISMISSED without prejudice. 2 The Clerk shall close the file and terminate all pending motions as moot. 3 IT IS SO ORDERED. 4 Dated: June 18, 2013 5 6 7 ______________________________________ JON S. TIGAR United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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