Kellogg v. State of California

Filing 9

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 5/10/11. (lrc, COURT STAFF) (Filed on 5/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DENNIS E. KELLOGG,

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No. C 10-05802 SBA (PR)

Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
STATE OF CALIFORNIA,
Defendant.

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/

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United States District Court
For the Northern District of California

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Plaintiff, a former state prisoner, filed the present pro se prisoner complaint under 42 U.S.C.
§ 1983. After being released from prison on January 17, 2011, he had informed the Court that his
new address was 3500 Data Drive, #233, Rancho Cordova, California 95670. (Pl.'s Letter dated Jan.
20, 2011 at 1.) However, on March 7, 2011, mail directed to Plaintiff at that address was returned to
the Clerk of the Court with the notation "ATTEMPTED, NOT KNOWN." It appears that delivery
was attempted, but Plaintiff was not known at that address. To date, Plaintiff 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 Plaintiff by the Court was
returned as not deliverable. The Court has not received a notice from Plaintiff of a new address.
Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern
District Local Rules. The Court has rendered its final decision on this matter, therefore, this Order
TERMINATES Plaintiff's case.
IT IS SO ORDERED.
DATED:

5/10/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

G:\PRO-SE\SBA\CR.10\Kellogg5802.Diss-3-11.wpd

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS E KELLOGG,

Case Number: CV10-05802 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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United States District Court
For the Northern District of California

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v.
STATE OF CALIFORNIA 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 May 13, 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.

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Dennis E. Kellogg
3500 Data Dr.
#233
Rancho Cordova, CA 95670

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Dated: May 13, 2011

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

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G:\PRO-SE\SBA\CR.10\Kellogg5802.Diss-3-11.wpd
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