Gomis v. US Secretary of State et al

Filing 4

ORDER of Dismissal. The instant action is DISMISSED without prejudice. Signed by Judge James Ware on 1/7/2009. (ecg, COURT STAFF) (Filed on 1/7/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

ANTOINE GOMIS, Petitioner, vs. U.S. SECRETARY OF STATE, et al., Respondent(s).

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No. C 08-03418 JW (PR) ORDER OF DISMISSAL

Petitioner, proceeding pro se, filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 16, 2008, the clerk of the Court sent petitioner a notice directing him to either pay the full filing fee or file an in forma pauperis application to avoid dismissal of the action. On July 24, 2008, the clerk's notice was returned by mail to the Clerk of the Court as undeliverable because petitioner was no longer in custody. (Docket No. 31.) As of the date of this order, petitioner has not updated his address with the Court or submitted any further pleadings in this case. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se must promptly file a notice of change of address while an action is pending. See L.R. 311(a). The Court may, without prejudice, dismiss a complaint when: (1) mail
Order of Dismissal N:\Pro - Se\January 2009\08-003418 Gomis03418_3-11dism.wpd

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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 L.R. 3-11(b). More than sixty days have passed since the clerk's notice addressed to petitioner 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 pursuant to Rule 3-11 of the Northern District Local Rules.

DATED:

January 7, 2009

United States District Court

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For the Northern District of California

JAMES WARE United States District Judge

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Order of Dismissal N:\Pro - Se\January 2009\08-003418 Gomis03418_3-11dism.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ANTOINE GOMIS, Petitioner, v. U.S. SECRETARY OF STATE, et al., Respondent(s). /

Case Number: CV08-03418 JW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. , I SERVED a true and correct copy(ies) of the attached, That on by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
1/7/2009

Antoine Gomis 112207 Yuba County Jail PO Box 1031, Housing G Marysville, CA 95901-1031 Dated:
1/7/2009 /s/ By:

Richard W. Wieking, Clerk Elizabeth Garcia, Deputy Clerk