Filing 8

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 3/6/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/6/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 In re MUHAMMAD-KHALIL IBN ABDULLAH, 5 Case No. 16-cv-06819-YGR (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE 6 7 8 9 Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 19, 2016, mail directed to Petitioner by the Court was returned to the Clerk of the Court 11 United States District Court Northern District of California 10 with the following notation: “RETURN TO SENDER - Not in Custody.” Dkt. 4. On January 23, 12 2017, another piece of mail directed to Petitioner by the Court was returned to the Clerk with the 13 same notation: “RETURN TO SENDER - Not in Custody.” Dkt. 7. To date, Petitioner has not 14 updated his address with the Court or submitted any further 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 dismiss without prejudice 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 initial mail directed to Petitioner by the Court 22 was returned as undeliverable on December 19, 2016. The Court has not received a notice from 23 Petitioner of a new address. Accordingly, the petition is DISMISSED without prejudice pursuant 24 to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate all pending motions 25 and close the file. 26 27 28 IT IS SO ORDERED. Dated: March 6, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Court Judge

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