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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 WILLIAM THOMAS, Petitioner, 5 6 7 8 Case No. 17-cv-03439-HSG (PR) ORDER OF DISMISSAL v. U.S. MARSHALS, Respondent. 9 10 Petitioner filed a pro se petition for writ of habeas corpus while detained at the Alameda United States District Court Northern District of California 11 County Jail, and the Court is awaiting his application to proceed in forma pauperis. However, 12 court mail that the Clerk sent to petitioner at his last known address has been returned as 13 undeliverable. See dkt. nos. 5, 6. 14 Pursuant to Northern District Civil Local Rule 3-11, a party proceeding pro se whose 15 address changes while an action is pending must promptly file a notice of change of address 16 specifying the new address. See Civil L.R. 3-11(a). The court may, without prejudice, dismiss a 17 complaint when: (1) mail directed to the pro se party by the court has been returned to the court as 18 not deliverable, and (2) the court fails to receive within sixty days of this return a written 19 communication from the pro se party indicating a current address. See Civil L.R. 3-11(b). More 20 than sixty days have now passed since the mail sent to petitioner by the court was returned as 21 undeliverable. The court has not received a notice from petitioner of a new address. 22 Accordingly, the instant action is DISMISSED without prejudice. The Clerk of the court 23 shall enter judgment and close the file. 24 IT IS SO ORDERED. 25 Dated: 10/18/2017 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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