Arteaga v. Flores et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 10/22/09. (dlm, COURT STAFF) (Filed on 11/9/2009)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

LORENZO ARTEAGA, Petitioner, vs. EDWARD C. FLORES, et al., Respondents.

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No. C 09-03088 JF (PR) ORDER OF DISMISSAL

Petitioner, a detainee at the Santa Clara County Jail proceeding pro se, filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 7, 2009, mail sent to Petitioner by the Court was returned to the Clerk of the Court with a notation that it was undeliverable as Petitioner was "not in custody." (Docket No. 4.) 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 whose address changes while an action is pending must promptly file a notice of change of address specifying the new address. See 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
Order of Dismissal P:\PRO-SE\SJ.JF\HC.09\Arteaga03088_3-11dism.wpd

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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 mail directed 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 habeas action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate all pending motions and close the file. IT IS SO ORDERED.
10/22/09 DATED: ____________________

JEREMY FOGEL United States District Judge

Order of Dismissal P:\PRO-SE\SJ.JF\HC.09\Arteaga03088_3-11dism.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

LORENZO ARTEAGA, Petitioner, v. EDWARD C. FLORES, et al., Respondents. /

Case Number: CV09-03088 JF 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. 11/9/09 , I SERVED a true and correct copy(ies) of the That on attached, 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.

Lorenzo Arteaga E-66703 Santa Clara County Jail APQ381; E-66703; 125303 885 North San Pedro Street San Jose, CA 95110 Dated: 11/9/09 Richard W. Wieking, Clerk