Thomas v. U.S. Marshals

Filing 7

ORDER OF DISMISSAL. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 10/18/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 10/18/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM THOMAS,
Petitioner,

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Case No. 17-cv-03439-HSG (PR)
ORDER OF DISMISSAL

v.
U.S. MARSHALS,
Respondent.

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Petitioner filed a pro se petition for writ of habeas corpus while detained at the Alameda

United States District Court
Northern District of California

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County Jail, and the Court is awaiting his application to proceed in forma pauperis. However,

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court mail that the Clerk sent to petitioner at his last known address has been returned as

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undeliverable. See dkt. nos. 5, 6.

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Pursuant to Northern District Civil Local Rule 3-11, a party proceeding pro se whose

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address changes while an action is pending must promptly file a notice of change of address

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specifying the new address. See Civil L.R. 3-11(a). The court may, without prejudice, dismiss a

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complaint when: (1) mail directed to the pro se party by the court has been returned to the court as

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not deliverable, and (2) the court fails to receive within sixty days of this return a written

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communication from the pro se party indicating a current address. See Civil L.R. 3-11(b). More

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than sixty days have now passed since the mail sent to petitioner by the court 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 instant action is DISMISSED without prejudice. The Clerk of the court

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shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: 10/18/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge