Turner v. Flier

Filing 4

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 11/15/13. (jjoS, COURT STAFF) (Filed on 11/18/2013)

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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 EDWARD TURNER, ) ) Plaintiff, ) ) v. ) ) ) RICHARD FLIER, et al., ) ) Defendants. _________________________________ ) No. C 13-3529 JSW (PR) ORDER OF DISMISSAL 17 18 On July 30, 2013, Plaintiff, a California prisoner, filed a pro se civil action in this 19 Court. On the same day, the Clerk notified Plaintiff that he had neither paid the filing fee 20 nor filed an application to proceed in forma pauperis (“IFP”). Along with the notice, the 21 Clerk mailed to Plaintiff the Court’s IFP forms, instructions for completing the forms, 22 and a stamped return envelope. In the notice, Plaintiff was informed that the case would 23 be dismissed if he did not either pay the filing fee or file an IFP application within thirty 24 days. The notice was sent to Plaintiff at the address he provided to the Court, but on 25 October 27, 2013, it was returned by the postal service as undeliverable because Plaintiff 26 was not located at that address. There was a notation on the envelope that Plaintiff was 27 no longer in custody at that time. 28 Local Rule 3.11 requires Plaintiff to notify the Court of any change in his address, 1 and that his failure to do so within sixty days of a change of address will result in the 2 dismissal of the action. Plaintiff has not provided the Court with a correct address within 3 sixty days of the date the mail was returned as undeliverable. Accordingly, this case is 4 DISMISSED without prejudice. 5 The Clerk shall enter judgment and close the file. 6 IT IS SO ORDERED. 7 DATED: November 15, 2013 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 EDWARD TURNER, Case Number: CV13-03529 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 RICHARD FLIER 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 November 18, 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 Edward Turner 901 Court Street #2001011217 Martinez, CA 92179 Dated: November 18, 2013 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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