Herndon v. Staff Psychologist

Filing 6

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 1/9/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERROD L. HERNDON,

Case No. 16-cv-05034-YGR (PR)

Petitioner,
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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
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STAFF PSYCHOLOGIST,
Respondent.

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The instant case was commenced when Petitioner Gerrod L. Herndon, who at that time had

United States District Court
Northern District of California

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been in custody at the Richard J. Donovan Correctional Facility (“RJDCF”), filed a document

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captioned “Petition for a Writ of Habeas Corpus.” Dkt. 1. Petitioner also filed a motion for leave

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to proceed in forma pauperis. Dkt. 3. On October 18, 2016, mail directed to Petitioner at RJDCF

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by the Clerk of the Court was returned as undeliverable with a notation that he had been “paroled.”

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To date, Petitioner has not updated his address with the Court or submitted any further pleadings

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in this case.
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).
More than sixty days have passed since the mail directed to Petitioner was returned as

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undeliverable. The Court has not received a notice from Petitioner of a new address.

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Accordingly, the petition is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern

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District Local Rules. The Clerk shall enter judgment, terminate all pending motions, and close the

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file.

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This Order terminates Docket No. 3.

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IT IS SO ORDERED.

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Dated: January 9, 2017

______________________________________
YVONNE GONZALEZ ROGERS
United States District Court Judge

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United States District Court
Northern District of California

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