Atkins v. United States of America

Filing 9

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 11/14/2017. The deputy clerk hereby certifies that on 11/14/2017 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. (knmS, COURT STAFF) (Filed on 11/14/2017)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BRUCE EDWARD ATKINS, Case No. 17-cv-03791-VC (PR) Petitioner, ORDER OF DISMISSAL WITHOUT PREJUDICE v. UNITED STATES OF AMERICA, Respondent. On July 3, 2017, Bruce Atkins, a state prisoner proceeding pro se submitted a motion for a prelimary injunction seeking release from jail. On August 14, 2017, Court mail was returned as undeliverable because Atkins was out of custody. Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address changes while an action is pending must promptly file a notice of change of address specifying the new address. See Civil L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written communication from the pro se party indicating a current address. See Civil L.R. 3-11(b). More than sixty days have passed since the mail sent to Atkins by the Court was returned as undeliverable and the Court has not received a notice from Atkins of his current address. Accordingly, the instant complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. All pending motions are terminated. IT IS SO ORDERED. Dated: November 14, 2017 ______________________________________ VINCE CHHABRIA United States District Judge

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