Lara v. Judges of Superior Court Monterey County et al

Filing 10

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on February 7, 2017. (Attachments: # 1 Certificate/Proof of Service) (wsnS, COURT STAFF) (Filed on 2/7/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TAMMY SUE LARA, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-04496-JST (PR) ORDER OF DISMISSAL v. JUDGES OF SUPERIOR COURT MONTEREY COUNTY, et al., Respondents. 12 13 14 Petitioner, an inmate at the Monterey County Jail, filed the instant pro se petition for a writ 15 of habeas corpus pursuant to 28 U.S.C. ยง 2254. The federal petition has a signature date of June 16 24, 2016, and was mailed to the United States District Court for the District of Idaho. The petition 17 later was transferred to the Northern District of California. By order entered November 10, 2016, 18 the Court found petitioner had failed to state cognizable claims for habeas corpus relief, and 19 dismissed the petition with leave to amend. On December 6, 2016, the order was returned to the 20 Court as undeliverable because petitioner was not at the address she had provided. 21 Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address 22 changes while an action is pending must promptly file a notice of change of address specifying the 23 new address. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when: 24 (1) mail directed to the pro se party by the court has been returned to the court as not deliverable, 25 and (2) the court fails to receive within sixty days of this return a written communication from the 26 27 28 pro se party indicating a current address. See L.R. 3-11(b). More than sixty days have passed since the mail directed to petitioner by the Court was returned as undeliverable. The Court has not received a notice from petitioner of a new address. 1 Accordingly, the instant habeas action is DISMISSED without prejudice pursuant to Rule 3-11 of 2 the Northern District Local Rules. The Clerk shall terminate all pending motions and close the 3 file. 4 5 6 7 IT IS SO ORDERED. Dated: February 7, 2017 ______________________________________ JON S. TIGAR United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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