Belton v. Hatton et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 2/14/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 2/14/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DWIGHT BELTON, P04485,
Plaintiff(s),

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vs.
SHAWN HATTON, Warden, et al.,
Defendant(s).

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No. C 16-6902 CRB (PR)
ORDER OF DISMISSAL
(ECF No. 2)

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On December 12, 2016, the post office returned the court’s mail to

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plaintiff as undeliverable. Because more than 60 days have passed since the

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court’s mail to plaintiff was returned as undeliverable, and the court has received

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no written communication from plaintiff indicating a current address, the case is

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DISMISSED without prejudice pursuant to Local Rule 3-11(b).

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But based solely on his affidavit of poverty, plaintiff’s application for

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leave to proceed in forma pauperis (ECF No. 2) is GRANTED.

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SO ORDERED.

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DATED: February 14, 2017

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.16\Belton, D.16-6902.dismissal.wpd