O'Neal v. Reymondo et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 2/20/13. (lrc, COURT STAFF) (Filed on 2/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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)
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Plaintiff,
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v.
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J. REYMONDO, et al.,
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Defendants.
_____________________________ )
BILLY RAY O'NEAL.,

No. C 12-4236 SBA (PR)
ORDER OF DISMISSAL

Plaintiff Billy Ray O'Neal, a former state inmate, filed this civil rights action pursuant

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to 42 U.S.C. § 1983 on August 10, 2012. On the same date, the Court sent Plaintiff a notice

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to pay the $350.00 filing fee or sign and complete this Court's IFP application. (Dkt. 3). On

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November 27, 2012, the Court mailed to Plaintiff a blank IFP application.

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Along with his complaint, Plaintiff filed a motion for reconsideration of the Court's

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dismissal of Plaintiff's earlier action, O'Neal v. County of San Francisco, No. C 08-4669

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SBA. On November 21, 2012, the Court denied the motion for reconsideration.

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On December 7, 2012, the Court's mail to Plaintiff containing the November 21, 2012

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Order was returned as undeliverable. (Dkt. 5, 6). On December 13, 2012, the Court's mail

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containing the blank IFP application was also returned as undeliverable. (Dkt. 7). The

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returned envelopes indicate that Plaintiff was "NIC," or "not in custody."

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Pursuant to Northern District Local Rule 3-11 an attorney or party proceeding pro se

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whose address changes while an action is pending must promptly file and serve upon all

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opposing parties a notice of change of address specifying the new address. See L.R. 3-11(a).

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The court may, without prejudice, dismiss a complaint or strike an answer when: (1) mail

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directed to the attorney or the pro se party by the court has been returned to the court as not

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deliverable, and (2) the court fails to receive within 60 days of this return a written

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communication from the attorney or pro se party indicating a current address. See L.R. 3-

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11(b).

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It has now been more than sixty days since the Court's mail was returned as

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undeliverable. The Court has not received a notice from Plaintiff of a new address or any

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communication from him since he filed his complaint on August 10, 2012. Accordingly, this

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action is DISMISSED without prejudice. See L.R. 3-11(b). The Clerk of the Court shall

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close the file and terminate all pending matters.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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DATED: 2-20-13

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SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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BILLY RAY O'NEAL,

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Plaintiff,

Case Number: CV12-04236 SBA
CERTIFICATE OF SERVICE
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v.
J. REYMUNDO et al,
Defendant.

/

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United States District Court
For the Northern District of California

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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 February 22, 2013, 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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Billy Ray O'Neal #12672920
San Francisco County Jail
SF#288973
850 Bryant Street
San Francisco, CA 94103

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Dated: February 22, 2013
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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\CR.12\O'Neal12-4236Dis3-11.wpd

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United States District Court
For the Northern District of California

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