Briones v. State of California et al

Filing 24

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 10/14/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 10/14/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANGIE MARIE BRIONES,
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Plaintiff,
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v.
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CORRECTIONAL OFFICER ROCHA,
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Defendant.
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No. C 10-3901 LHK (PR)
ORDER OF DISMISSAL
WITHOUT PREJUDICE

Plaintiff, a state prisoner proceeding pro se, filed a federal civil rights complaint pursuant

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to 42 U.S.C. § 1983. On November 8, 2011, the Court ordered service upon one named

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Defendant. On July 29, 2011, the Court granted Plaintiff an extension of time for Plaintiff to

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locate and provide the address of the unserved Defendant so that the United States Marshal could

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effect service. On August 17, 2011, that order was returned to the Court as undeliverable.

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

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

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

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when: (1) mail directed to the pro se party by the Court has been returned to the Court as not

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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 L.R. 3-11(b).

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Order of Dismissal Without Prejudice
P:\pro-se\sj.lhk\cr.10\Briones901dis311

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More than sixty days have passed since the mail sent to Plaintiff by the Court was

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returned as undeliverable. The Court has not received a notice from Plaintiff of a new address,

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nor has the Court received any communication from Plaint since April 25, 2011. Accordingly,

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the instant complaint is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern

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District Local Rules. The Clerk of the Court shall enter judgment and close the file.

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IT IS SO ORDERED.
Dated:

10/14/11
LUCY H. KOH
United States District Judge

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Order of Dismissal Without Prejudice
P:\pro-se\sj.lhk\cr.10\Briones901dis311

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