Chunn v. United States District Court

Filing 9

ORDER OF DISMISSAL. Signed by Magistrate Judge Maria-Elena James on 5/18/2016. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 5/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WALTER CHUNN,

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United States District Court
For the Northern District of California

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Plaintiff,

No. C 15-5040 MEJ (PR)
ORDER OF DISMISSAL

v.
UNITED STATES DISTRICT COURT,
Defendant.
____________________________________/

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On November 3, 2015, plaintiff, an inmate at the Solano County Jail, filed a pro se

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petition for a writ of mandamus. The same day, the clerk of the Court notified plaintiff that

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his application to proceed in forma pauperis (“IFP”) was not complete in that it did not

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include a certificate of funds completed and signed by a prison official or a trust account

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statement showing transactions and balances for the last six months. (Docket No. 3.) On

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November 19, 2015, plaintiff filed a certificate of funds, but it was still missing the required

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trust account statement. (Docket No. 6.)

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On February 25, 2016, the Court granted plaintiff an extension of time of twenty-eight

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days to file the missing document. On March 18, 2016, the Court’s February 25, 2016 order

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was returned as undeliverable with the notation that plaintiff was not in custody. As of the

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

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further 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
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. Accordingly, the instant civil rights action is DISMISSED without prejudice

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pursuant to Rule 3-11 of the Northern District Local Rules.

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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:

May 18, 2016

Maria-Elena James
United States Magistrate Judge

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United States District Court
For the Northern District of California

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