Gates v. Atascadero State Hospital

Filing 8

ORDER OF DISMISSAL. More than sixty days have passed since the mail addressed to Plaintiff was returned as undeliverable. The Court has not received a notice from Plaintiff of a new address. Accordingly, the instant civil rights action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate any pending motions. Signed by Judge Edward J. Davila on 5/11/2011. (ecg, COURT STAFF) (Filed on 5/17/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID MARSHALL GATES,
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Plaintiff,
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vs.
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ATASCADERO STATE HOSPITAL,

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Defendant.

No. C 10-05387 EJD (PR)

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ORDER OF DISMISSAL

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On November 29, 2010, plaintiff filed the instant civil rights complaint in pro se

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pursuant to 42 U.S.C. § 1983. The Court dismissed the complaint with leave to amend on

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February 11, 2011, directing Plaintiff to file an amended complaint within thirty days of

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the date of the order. (See Docket No. 5.) A stamped copy of the Court’s order mailed to

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Plaintiff was returned as undeliverable on February 28, 2011. (See Docket No. 6.) As of

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the date of this order, Plaintiff has not filed a notice of change of address or submitted any

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further pleadings in this case.

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

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promptly file a notice of change of address while an action is pending. See L.R. 3-11(a).

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The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro

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se party by the Court has been returned to the Court as not deliverable, and (2) the Court
Order of Dismissal
P:\PRO-SE\SJ.EJD\CR.10\Gates05387_dism3-11.wpd

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fails to receive within sixty days of this return a written communication from the pro se

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party indicating a current address. See L.R. 3-11(b).

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More than sixty days have passed since the mail addressed to Plaintiff was

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

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address. Accordingly, the instant civil rights action is DISMISSED without prejudice

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pursuant to Rule 3-11 of the Northern District Local Rules.

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The Clerk shall terminate any pending motions.

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DATED:

May 11, 2011

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
P:\PRO-SE\SJ.EJD\CR.10\Gates05387_dism3-11.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DAVID MARSHALL GATES,

Case Number: CV10-05387 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
ATASCADERO STATE HOSPITAL,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
5/17/2011

That on
, I SERVED a true and correct copy(ies) of the
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.

David Marshall Gates J-60908
Coalinga State Hospital
P.O. Box 5000
Coalinga, CA 93210-5000
Dated:

5/17/2011
/s/

Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk