Torres v. Lopez et al

Filing 40

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 2/9/12. (lrc, COURT STAFF) (Filed on 2/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALFREDO TORRES JR.,

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No. C 10-03044 SBA (PR)

Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
A. LOPEZ, et al.,

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Defendants.

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Plaintiff, a state prisoner, filed the present pro se prisoner complaint under 42 U.S.C. § 1983.

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For the Northern District of California

United States District Court

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On December 9, 2011, mail directed to Plaintiff by the Court was returned to the Clerk of the Court

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with a notation that it was undeliverable because he had been "discharged." To date, Plaintiff has

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not updated his address with the Court or submitted any further pleadings in this case.

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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).

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More than sixty days have passed since the mail directed to Plaintiff by the Court was

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returned as undeliverable. The Court has not received a notice from Plaintiff of a new address.

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Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern

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District Local Rules. The Court has rendered its final decision on this matter, therefore, this Order

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TERMINATES Plaintiff's case.

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IT IS SO ORDERED.
DATED:

2/9/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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ALFREDO TORRES JR.,
Case Number: CV10-03044 SBA
Plaintiff,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE
v.
A. LOPEZ et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on February 10, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Alfredo Torres G-41302
California State Prison - San Quentin
San Quentin, CA 94974
Dated: February 10, 2012

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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P:\PRO-SE\SBA\CR.10\Torres3044.dismiss(3-11).wpd

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