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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 DAVID OPPEDAHL, 4 5 6 7 Plaintiff, 11 For the Northern District of California United States District Court 10 ORDER OF DISMISSAL WITHOUT PREJUDICE v. R. L. JAVATE, M.D., et al., Defendants. 8 9 No. C 11-2878 SBA (PR) / 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 12 the Court with a notation that the "reason item is being returned" was because Plaintiff had been 13 "paroled." To date, Plaintiff has not updated his address with the Court or submitted any further 14 pleadings in this case. 15 Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address 16 changes while an action is pending must promptly file a notice of change of address specifying the 17 new address. See L.R. 3-11(a). The court may, without prejudice, dismiss a complaint when: 18 (1) mail directed to the pro se party by the court has been returned to the court as not deliverable, 19 and (2) the court fails to receive within sixty days of this return a written communication from the 20 pro se party indicating a current address. See L.R. 3-11(b). 21 More than sixty days have passed since the mail directed to Plaintiff by the Court was 22 returned as undeliverable. The Court has not received a notice from Plaintiff of a new address. 23 Accordingly, the complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern 24 District Local Rules. However, the Court must rule on all prisoner IFP applications prior to 25 dismissing actions filed by pro se prisoners. The Court notes that Plaintiff's IFP application is still 26 pending and has not yet been reviewed by this Court. As mentioned above, Plaintiff is now a 27 parolee; therefore, he is no longer a "prisoner" within the meaning of 28 U.S.C. § 1915. See Page v. 28 Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000). Thus, the provisions of section 1915 do not apply to 1 him. However, even non-prisoners are required by section 1915(a)(1) to provide an affidavit with 2 sufficient information to allow the Court to make an accurate determination of whether they are 3 indigent and thus entitled to proceed IFP. Due the above-mentioned circumstances, Plaintiff's 4 whereabouts are unknown; therefore, he cannot be ordered to file a complete IFP application on the 5 Court's form for non-prisoner litigants. Accordingly, Plaintiff's IFP application (docket no. 5) is 6 DENIED as incomplete. 7 8 9 Plaintiff's case. This Order terminates Docket no. 5. IT IS SO ORDERED. DATED: 12/12/11 SAUNDRA BROWN ARMSTRONG United States District Judge 11 For the Northern District of California United States District Court 10 The Court has rendered its final decision on this matter, therefore, this Order TERMINATES 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Oppedahl2878.Diss-3-11&denyIFP.wpd 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 IN RE DAVID OPPEDAHL, 7 8 9 Plaintiff, CERTIFICATE OF SERVICE v. IN RE DAVID OPPEDAHL et al, Defendant. / 11 For the Northern District of California United States District Court 10 Case Number: CV11-02878 SBA 12 13 14 15 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. 16 17 18 19 20 David Oppedahl AF9690 Correctional Training Facility P.O. Box 689 X-Wing 101L Soledad, CA 93960 Dated: December 13, 2011 21 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Oppedahl2878.Diss-3-11&denyIFP.wpd 3

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