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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAMMY SUE LARA,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-04496-JST (PR)
ORDER OF DISMISSAL

v.
JUDGES OF SUPERIOR COURT
MONTEREY COUNTY, et al.,
Respondents.

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Petitioner, an inmate at the Monterey County Jail, filed the instant pro se petition for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. The federal petition has a signature date of June

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24, 2016, and was mailed to the United States District Court for the District of Idaho. The petition

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later was transferred to the Northern District of California. By order entered November 10, 2016,

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the Court found petitioner had failed to state cognizable claims for habeas corpus relief, and

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dismissed the petition with leave to amend. On December 6, 2016, the order was returned to the

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Court as undeliverable because petitioner was not at the address she had provided.

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Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address

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changes while an action is pending must promptly file a notice of change of address specifying the

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new address. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when:

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(1) mail directed to the pro se party by the court has been returned to the court as not deliverable,

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and (2) the court fails to receive within sixty days of this return a written communication from the

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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.

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Accordingly, the instant habeas action is DISMISSED without prejudice pursuant to Rule 3-11 of

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the Northern District Local Rules. The Clerk shall terminate all pending motions and close the

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file.

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IT IS SO ORDERED.
Dated: February 7, 2017
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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