Turner v. Flier
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDWARD TURNER,
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Plaintiff,
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v.
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RICHARD FLIER, et al.,
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Defendants.
_________________________________ )
No. C 13-3529 JSW (PR)
ORDER OF DISMISSAL
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On July 30, 2013, Plaintiff, a California prisoner, filed a pro se civil action in this
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Court. On the same day, the Clerk notified Plaintiff that he had neither paid the filing fee
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nor filed an application to proceed in forma pauperis (“IFP”). Along with the notice, the
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Clerk mailed to Plaintiff the Court’s IFP forms, instructions for completing the forms,
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and a stamped return envelope. In the notice, Plaintiff was informed that the case would
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be dismissed if he did not either pay the filing fee or file an IFP application within thirty
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days. The notice was sent to Plaintiff at the address he provided to the Court, but on
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October 27, 2013, it was returned by the postal service as undeliverable because Plaintiff
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was not located at that address. There was a notation on the envelope that Plaintiff was
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no longer in custody at that time.
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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
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dismissal of the action. Plaintiff has not provided the Court with a correct address within
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sixty days of the date the mail was returned as undeliverable. Accordingly, this case is
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DISMISSED without prejudice.
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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: November 15, 2013
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JEFFREY S. WHITE
United States District Judge
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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EDWARD TURNER,
Case Number: CV13-03529 JSW
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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RICHARD FLIER et al,
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Defendant.
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/
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.
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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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