Samples

Filing 10

ORDER OF DISMISSAL. Signed by Judge William Alsup on 10/12/2017. The deputy clerk hereby certifies that on 10/12/2017, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (afmS, COURT STAFF) (Filed on 10/12/2017)

1
2
3
IN THE UNITED STATES DISTRICT COURT
4
5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7

In re

No. C 17-3766 WHA (PR)

8

RICHARD SAMPLES, JR.,

ORDER OF DISMISSAL

9
Plaintiff.
10
(Dkt No. 5)
11
/
12
13

This civil action was opened on June 30, 2017, based upon a letter received from plaintiff

14

stating he wished to petition the court for a writ of habeas corpus. The clerk mailed him a form

15

habeas petition and informed him he would need to fill it out and pay the filing fee or complete

16

an application to proceed in forma pauperis if he wished to proceed with a federal habeas action.

17

On August 2, 2017, the case was reassigned to the undersigned district judge, and the next day

18

the notice of reassignment was returned by the postal service as undeliverable because plaintiff

19

was not located at the address he provided. Plaintiff has not notified the clerk of his current

20

address. Pursuant to Local Rule 3-11(b) — requiring parties to keep the court informed of their

21

current mailing address and stating that the failure to do so within sixty days of the return of mail

22

as undeliverable will result in dismissal of their case without prejudice — this case is DISMISSED

23

without prejudice. See also Fed. R. Civ. P. 41(b).

24

The Clerk shall enter judgment and close the file.

25

IT IS SO ORDERED.

26
Dated: October
27
28

12 , 2017.

W ILLIAM A LSUP
U NITED S TATES D ISTRICT J UDGE