Wheeland v. Grounds

Filing 6

ORDER OF DISMISSAL. 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. Signed by Judge Edward J. Davila on 1/18/2012. (ecg, COURT STAFF) (Filed on 1/18/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES WHEELAND,
Petitioner,

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vs.

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RANDY GROUNDS, Warden,
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Respondent.
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No. C 11-02310 EJD (PR)

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ORDER OF DISMISSAL

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Petitioner, a California inmate, filed a petition in pro se for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, challenging the denial of parole. On September 22, 2011,

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mail sent to Petitioner by the Court was returned to the Clerk of the Court with a notation

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that it was undeliverable as Petitioner was “paroled.” (See Docket No. 5.) As of the date

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of this order, Petitioner has not updated his address with the Court 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 whose

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

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

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dismiss a complaint when: (1) mail directed to the pro se party by the court has been

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returned to the court as not deliverable, and (2) the court fails to receive within sixty days
Order of Dismissal
02310Wheeland_3-11dism.wpd

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of this return a written communication from the pro se party indicating a current address.

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See L.R. 3-11(b).

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More than sixty days have passed since the mail directed to Petitioner by the Court

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was returned as undeliverable. The Court has not received a notice from Petitioner of a

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new address. Accordingly, the instant habeas action is DISMISSED without prejudice

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pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate all

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pending motions and close the file.

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January 17, 2012
DATED: ____________________

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
02310Wheeland_3-11dism.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JAMES WHEELAND,

Case Number: CV11-02310 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
RANDY GROUNDS, Warden,
Respondent.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
1/18/2012
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.

James Wheeland F-93221
Soledad State Prison
Soledad, CA 93960-0689
Dated:

1/18/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk