Oppedahl v. Javate, et al

Filing 11

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 12/12/11. (lrc, COURT STAFF) (Filed on 12/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID OPPEDAHL,

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Plaintiff,

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For the Northern District of California

United States District Court

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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
R. L. JAVATE, M.D., et al.,
Defendants.

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No. C 11-2878 SBA (PR)

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Plaintiff, a former state prisoner, filed the present pro se prisoner complaint under 42 U.S.C.
§ 1983. He has also filed an in forma pauperis (IFP) application.
On September 22, 2011, mail directed to Plaintiff by the Court was returned to the Clerk of

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the Court with a notation that the "reason item is being returned" was because Plaintiff had been

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"paroled." To date, Plaintiff has not updated his address with the Court or submitted any further

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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. However, the Court must rule on all prisoner IFP applications prior to

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dismissing actions filed by pro se prisoners. The Court notes that Plaintiff's IFP application is still

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pending and has not yet been reviewed by this Court. As mentioned above, Plaintiff is now a

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parolee; therefore, he is no longer a "prisoner" within the meaning of 28 U.S.C. § 1915. See Page v.

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Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000). Thus, the provisions of section 1915 do not apply to

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him. However, even non-prisoners are required by section 1915(a)(1) to provide an affidavit with

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sufficient information to allow the Court to make an accurate determination of whether they are

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indigent and thus entitled to proceed IFP. Due the above-mentioned circumstances, Plaintiff's

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whereabouts are unknown; therefore, he cannot be ordered to file a complete IFP application on the

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Court's form for non-prisoner litigants. Accordingly, Plaintiff's IFP application (docket no. 5) is

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DENIED as incomplete.

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Plaintiff's case. This Order terminates Docket no. 5.
IT IS SO ORDERED.
DATED:

12/12/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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For the Northern District of California

United States District Court

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The Court has rendered its final decision on this matter, therefore, this Order TERMINATES

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G:\PRO-SE\SBA\CR.11\Oppedahl2878.Diss-3-11&denyIFP.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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IN RE DAVID OPPEDAHL,

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Plaintiff,

CERTIFICATE OF SERVICE

v.
IN RE DAVID OPPEDAHL et al,
Defendant.

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For the Northern District of California

United States District Court

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Case Number: CV11-02878 SBA

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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 December 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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David Oppedahl AF9690
Correctional Training Facility
P.O. Box 689
X-Wing 101L
Soledad, CA 93960
Dated: December 13, 2011

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

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