Thomas v. U.S. Marshals
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 17-cv-03439-HSG (PR)
ORDER OF DISMISSAL
Petitioner filed a pro se petition for writ of habeas corpus while detained at the Alameda
United States District Court
Northern District of California
County Jail, and the Court is awaiting his application to proceed in forma pauperis. However,
court mail that the Clerk sent to petitioner at his last known address has been returned as
undeliverable. See dkt. nos. 5, 6.
Pursuant to Northern District Civil Local Rule 3-11, a party proceeding pro se whose
address changes while an action is pending must promptly file a notice of change of address
specifying the new address. See Civil L.R. 3-11(a). The court may, without prejudice, dismiss a
complaint when: (1) mail directed to the pro se party by the court has been returned to the court as
not deliverable, and (2) the court fails to receive within sixty days of this return a written
communication from the pro se party indicating a current address. See Civil L.R. 3-11(b). More
than sixty days have now passed since the mail sent to petitioner by the court was returned as
undeliverable. The court has not received a notice from petitioner of a new address.
Accordingly, the instant action is DISMISSED without prejudice. The Clerk of the court
shall enter judgment and close the file.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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