Roberson v. CHP Chief et al

Filing 8

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 10/30/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO ROBERSON,

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No. C 13-02962 YGR (PR)

Plaintiff,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

vs.
KYLE KEPLER, et al.,
Defendants.

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United States District Court
For the Northern District of California

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Plaintiff filed the present pro se prisoner complaint under 42 U.S.C. § 1983. On August 8,

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2013, mail directed to Plaintiff by the Court was returned as undeliverable to the Clerk of the Court

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with the notation "RETURN TO SENDER. NOT IN CUSTODY." To date, Plaintiff has not updated

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his address with the Court or submitted any further 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 dismiss without prejudice 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. The Clerk of the Court shall enter judgment, terminate all pending motions,

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and close the file.

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IT IS SO ORDERED.
DATED: October 30, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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