Maimon v. Ghezzi et al

Filing 8

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 6/3/2014. (Attachments: # 1 Proof of Service)(rmm2S, COURT STAFF) (Filed on 6/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court United States District Court
For the Northern District of California Northern District of California
For the

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No. C 14-0460 MEJ (PR)

DAVID ISAAC MAIMON,

ORDER OF DISMISSAL

Plaintiff,
v.
MICHAEL GHEZZI, et al.,
Defendants.

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On January 30, 2014, Plaintiff, proceeding pro se, filed a civil rights complaint

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pursuant to 42 U.S.C. § 1983. On March 24, 2014, the Court sent Plaintiff a copy of the

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docket sheet pursuant to his request. On April 1, 2014, the Court’s mail was returned as

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undeliverable due to plaintiff no longer being in custody. (Docket No. 8.) As of the date of

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this order, plaintiff has not filed a notice of change of address or submitted any further

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pleadings in this case.

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Pursuant to Northern District Local Rule 3-11 a party proceeding pro se must

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promptly file a notice of change of address while an action is pending. See L.R. 3-11(a).

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The court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro se

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party by the court has been returned to the court as not deliverable, and (2) the court fails to

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receive within sixty days of this return a written communication from the pro se party

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indicating a current address. See L.R. 3-11(b).

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More than sixty days have passed since the mail addressed to plaintiff was returned as

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undeliverable. The court has not received a notice from plaintiff of a new address.

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Accordingly, the instant civil rights action is DISMISSED without prejudice pursuant to

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Rule 3-11 of the Northern District Local Rules.

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The clerk shall terminate any pending motions.

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IT IS SO ORDERED.

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DATED:

June 3, 2014

Maria-Elena James
United States Magistrate Judge

United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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INSTRUCTIONS FOR PAYMENT OF PRISONER'S FILING FEE

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The prisoner shown as the plaintiff or petitioner on the attached order has filed a civil action in
forma pauperis in this court and owes to the court a filing fee. Pursuant to 28 U.S.C. § 1915, the fee
is to be paid as follows:

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The initial partial filing fee listed on the attached order should be deducted by the prison trust
account office from the prisoner's trust account and forwarded to the clerk of the court as the
first installment payment on the filing fee. This amount is twenty percent of the greater of
(a) the average monthly deposits to the prisoner's account for the 6-month period
immediately preceding the filing of the complaint/petition or (b) the average monthly
balance in the prisoner's account for the 6-month period immediately preceding the filing of
the complaint/petition.

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United States District Court
For the Northern District of California

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Thereafter, on a monthly basis, 20 percent of the preceding month's income credited to the
prisoner's trust account should be deducted and forwarded to the court each time the amount
in the account exceeds ten dollars ($10.00). The prison trust account office should continue
to do this until the filing fee has been paid in full.

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If the prisoner does not have sufficient funds in his/her account to pay the initial partial filing fee,
the prison trust account office should forward the available funds, and carry the balance forward
each month until the amount is fully paid.
If the prisoner has filed more than one complaint, (s)he is required to pay a filing fee for each case.
The trust account office should make the monthly calculations and payments for each case in which
it receives an order granting in forma pauperis and these instructions.
The prisoner's name and case number must be noted on each remittance. The initial partial
filing fee is due within thirty days of the date of the attached order. Checks should be made payable
to Clerk, U.S. District Court and sent to Prisoner Accounts Receivable, U.S. District Court, 450
Golden Gate Avenue, Box 36060, San Francisco, CA 94102.

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cc:

Plaintiff/Petitioner

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C:\Users\maherr\AppData\Local\Temp\notes1A03DD\Maimon 14--0460.311dis.wpd
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