Hodge v. Cullen et al

Filing 10

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/1/11. (lrc, COURT STAFF) (Filed on 3/3/2011)

Hodge v. Cullen et al

Doc. 10

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.10\Hodge4296.3-11dism.frm v. VINCENT S. CULLEN, Warden, Respondent. / RONNIE HODGE, Petitioner, No. C 10-04296 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE

Petitioner, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 15, 2010, mail directed to Petitioner by the Court was returned to the Clerk of the Court with a notation that it was undeliverable. To date, Petitioner has not updated his address with the Court or submitted any further pleadings in this case. 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 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 L.R. 3-11(b). More than sixty days have passed since the mail directed to Petitioner by the Court was returned as undeliverable. The Court has not received a notice from Petitioner of a new address. Accordingly, the petition is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk of the Court shall terminate all pending motions and close the file. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Petitioner's case. IT IS SO ORDERED. DATED: 3/1/11 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

Dockets.Justia.com

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RONNIE HODGE, 6 Plaintiff, 7 v. 8 VICENT S CULLEN et al, 9 Defendant. 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.10\Hodge4296.3-11dism.frm 2 Ronnie Hodge V93913 California State Prison - San Quentin San Quentin, CA 94974 Dated: March 3, 2011 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk / CERTIFICATE OF SERVICE Case Number: CV10-04296 SBA

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 March 3, 2011, 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.