Fluker v. California Department of Corrections et al

Filing 11

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 10/7/2011. (ndr, COURT STAFF) (Filed on 10/7/2011)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

No. C 10-5355 CW (PR)

PATRICE ANDRE FLUKER,
5

ORDER OF DISMISSAL

Plaintiff,
6
v.
7
AGENT TUCKER, et al.,
8

Defendants.

/

10
United States District Court
For the Northern District of California

9

Plaintiff, a state prisoner, filed the present pro se

11

complaint when he was incarcerated at the Alameda County Jail.

12

Thereafter, in December 2010, Plaintiff notified the Court he had

13

been released from custody, in February 2011 he notified the Court

14

he had been returned to the Alameda County Jail, and, on March 2,

15

2011, he notified the Court that he was incarcerated at San Quentin

16

State Prison (SQSP) and would be released from custody on March 30,

17

2011.

18

notification.

19

Plaintiff has not communicated with the Court since his last

On September 7, 2011, the Court issued an Order of Dismissal

20

With Leave to Amend and gave Plaintiff thirty days from the date of

21

the Order to file an amended complaint providing factual and legal

22

bases for his claims.

23

timely file an amended complaint would result in dismissal of the

24

action without prejudice.

25

most recent address on the court docket, i.e., SQSP.

26

8, 2011, the Order was mailed back to the Court from SQSP, with a

27

notation on the envelope that Plaintiff no longer is in custody.

28

The Court informed Plaintiff that failure to

The Order was sent to Plaintiff at his
On September

1

Because Plaintiff has not communicated with the Court or

2

updated his address since his presumed release from SQSP on March

3

30, 2011, he did not receive the Court's Order of Dismissal With

4

Leave to Amend and has not amended his complaint to cure the noted

5

pleading deficiencies.

6

Accordingly, IT IS HEREBY ORDERED that the complaint in the

7

above-captioned action is DISMISSED WITHOUT PREJUDICE for failure

8

to state a claim upon which relief may be granted.

9

The Clerk of the Court shall enter judgment in accordance with

United States District Court
For the Northern District of California

10

this Order and close the file.

11

to pursue his claims, he may file a new civil rights action.

12
13

When and if Plaintiff is prepared

IT IS SO ORDERED.
Dated: 10/7/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

1
2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

3
PATRICE ANDRE FLUKER,
Case Number: CV10-05355 CW

4
Plaintiff,

CERTIFICATE OF SERVICE

5
v.
6
7

CALIFORNIA DEPARTMENT
CORRECTIONS et al,

8

Defendant.

OF

/

9
United States District Court
For the Northern District of California

10
11
12
13

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 October 7, 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.

14
15
16

Patrice Andre Fluker
864 34th Street, #2
Oakland, CA 94608

17
18
19

Dated: October 7, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

20
21
22
23
24
25
26
27
28

3