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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 GERROD L. HERNDON, Case No. 16-cv-05034-YGR (PR) Petitioner, 7 ORDER OF DISMISSAL WITHOUT PREJUDICE v. 8 9 STAFF PSYCHOLOGIST, Respondent. 10 The instant case was commenced when Petitioner Gerrod L. Herndon, who at that time had United States District Court Northern District of California 11 12 been in custody at the Richard J. Donovan Correctional Facility (“RJDCF”), filed a document 13 captioned “Petition for a Writ of Habeas Corpus.” Dkt. 1. Petitioner also filed a motion for leave 14 to proceed in forma pauperis. Dkt. 3. On October 18, 2016, mail directed to Petitioner at RJDCF 15 by the Clerk of the Court was returned as undeliverable with a notation that he had been “paroled.” 16 To date, Petitioner has not updated his address with the Court or submitted any further pleadings 17 in this case. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address 18 19 changes while an action is pending must promptly file a notice of change of address specifying the 20 new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint when: 21 (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, 22 and (2) the Court fails to receive within sixty days of this return a written communication from the 23 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 24 25 undeliverable. The Court has not received a notice from Petitioner of a new address. 26 Accordingly, the petition is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern 27 District Local Rules. The Clerk shall enter judgment, terminate all pending motions, and close the 28 file. 1 This Order terminates Docket No. 3. 2 IT IS SO ORDERED. 3 4 Dated: January 9, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Court Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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