Archila v. Cates

Filing 19

ORDER OF DISMISSAL. Signed by Judge Rita F. Lin on 2/7/2024. (mkl, COURT STAFF) (Filed on 2/7/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

OSCAR ANTONIO ARCHILA,

Case No. 23-cv-00512-RFL (PR)

Petitioner,
ORDER OF DISMISSAL

v.
BRIAN CATES,
Respondent.

Mail sent by the Court to petitioner was returned as undeliverable more than 60
days ago. (Dkt. No. 12.) Accordingly, this federal habeas corpus action is DISMISSED
without prejudice, because petitioner failed to keep the Court apprised of his current
address pursuant to Civil Local Rule 3-11(b) and because he failed to prosecute this
matter, see Federal Rule of Civil Procedure 41(b).
Because this dismissal is without prejudice, petitioner may move to reopen the suit
and have proceedings reinstated. Any motion to reopen must have the words MOTION
TO REOPEN written on the first page.
The Clerk shall enter judgment in favor of respondent, and close the file.
IT IS SO ORDERED.
Dated: February 7, 2024
_________________________
RITA F. LIN
United States District Judge

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