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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KETHON LAVERON TRIGGS,

Case No. 13-cv-01223-JST (PR)

Plaintiff,
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v.

ORDER OF DISMISSAL

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MARIN COUNTY SHERIFF'S
DEPARTMENT, et al.,
Defendants.

United States District Court
Northern District of California

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On March 19, 2013, plaintiff, a state prisoner incarcerated at the Marin County Jail, filed a

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civil rights complaint under 42 U.S.C. § 1983 and an application for leave to proceed in forma

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pauperis (IFP). On the same date, the Court sent plaintiff a notice that his IFP application was not

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complete because he had not submitted a Certificate of Funds (COF) in Prisoner's Account

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completed and signed by an authorized officer at the County Jail. In the notice, plaintiff was

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

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application within twenty-eight days.
The notice was sent to plaintiff at the address he provided to the Court, but on April 8,

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2013, it was returned by the postal service as undeliverable because plaintiff was not located at

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that address. Local Rule 3.11 requires plaintiff to notify the Court of any change in his address,

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and that his failure to do so within sixty days of a change of address will result in the dismissal of

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the action. Plaintiff has not provided the Court with a correct address within sixty days of the date

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the mail was returned as undeliverable. Nor has plaintiff either paid the filing fee or filed an IFP

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application in the time provided.

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Accordingly, this case is DISMISSED without prejudice.

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The Clerk shall close the file and terminate all pending motions as moot.

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IT IS SO ORDERED.

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Dated: June 18, 2013

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______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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