Gonzales v. Leotti

Filing 7

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 10/24/11. (jg, COURT STAFF) (Filed on 10/24/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 ARTEMIO GONZALES, 12 Petitioner, 13 vs. 14 GEORGE LEOTTI, Warden, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) No. C 11-3235 RMW (PR) ORDER OF DISMISSAL On June 27, 2011, petitioner filed this pro se federal habeas action. On July 29, 2011, the 18 court sent a notification to petitioner informing him that he had neither paid the filing fee nor 19 submitted a completed application for leave to proceed in forma pauperis. The court provided a 20 copy of the correct in forma pauperis application, along with a return envelope, and a 21 notification that the case would be dismissed if petitioner failed to pay the fee or file the 22 completed application within thirty days. 23 On August 17, 2011, the court’s notice was returned by mail as “undeliverable.” 24 According to the court’s docket, petitioner has not filed the appropriate in forma pauperis 25 application nor paid the filing fee. In addition, more than 60 days have passed since the court’s 26 mail was returned as undeliverable, and petitioner has not communicated with the court to 27 update his address. 28 Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee, Order of Dismissal P:\pro-se\sj.rmw\hc.11\Gonzales235dis311 1 and also for failure to notify the court of his address change, pursuant to Local Rule 3-11(b). 2 The clerk shall close the file. 3 IT IS SO ORDERED. 4 DATED: RONALD M. WHYTE United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal P:\pro-se\sj.rmw\hc.11\Gonzales235dis311 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GONZALES et al, Case Number: CV11-03235 RMW Plaintiff, CERTIFICATE OF SERVICE v. LEOTTI et al, 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. That on October 24, 2011, 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. Artemio Gonzales F37380 Richard Donovan Prison 480 Alta Road F3-11-132 San Diego, CA 92179 Dated: October 24, 2011 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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