Williams v. Unknown

Filing 7

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Lucy H. Koh on 8/28/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 8/29/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DEXTER W. WILLIAMS,
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Plaintiff,
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v.
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UNKNOWN,
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Defendant.
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No. C 11-2877 LHK (PR)
ORDER OF DISMISSAL
WITHOUT PREJUDICE

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Plaintiff, proceeding pro se, commenced this action by filing a motion to strike and

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supporting memorandum of points and authorities. On June 13, 2011, the Clerk of the Court sent

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a notice to Plaintiff that he failed to submit a federal complaint, and failed to either complete an

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application to proceed in forma pauperis or pay the filing fee. On June 22, 2011, these notices

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were returned to the Clerk of the Court with a notation that they were undeliverable. As of the

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date of this order, Plaintiff has not updated his address with the Court nor submitted any further

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pleadings in this case.

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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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Order of Dismissal Without Prejudice
P:\PRO-SE\SJ.LHK\CR.11\Williams877dis311.wpd

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

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

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file.

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IT IS SO ORDERED.
Dated:

8/28/11
LUCY H. KOH
United States District Judge

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Order of Dismissal Without Prejudice
P:\PRO-SE\SJ.LHK\CR.11\Williams877dis311.wpd

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