Edmonds v. Alameda County District Attorney et al

Filing 11

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Lucy H. Koh on 1/5/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 1/6/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CRAIG A. EDMONDS, JR.,
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Plaintiff,
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v.
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ALAMEDA COUNTY DISTRICT
ATTORNEY, et al.,

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Defendants.

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No. C 11-4320 LHK (PR)
ORDER OF DISMISSAL
WITHOUT PREJUDICE

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On August 31, 2011, Plaintiff, a state prisoner proceeding pro se, filed a federal civil

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rights complaint, pursuant to 42 U.S.C. § 1983. On October 21, 2011, the Court dismissed the

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complaint with leave to amend, and ordered Plaintiff to file an amended complaint within thirty

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days, or face dismissal of this action. On November 3, 2011, the order was returned to the Court

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as undeliverable because Plaintiff is no longer in custody. On December 6, 2011, the Court

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directed Plaintiff to file a notice of intent to prosecute and provide a current address. That mail

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was returned as undeliverable on December 13, 2011.

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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

Order of Dismissal Without Prejudice
P:\pro-se\sj.lhk\cr.11\Edmonds320dis

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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 on November 3, 2011. The Court has not received a notice from

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Plaintiff of a new address. Accordingly, the instant complaint is DISMISSED without prejudice

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

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judgment and close the file.

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IT IS SO ORDERED.
Dated:

1/5/12
LUCY H. KOH
United States District Judge

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Order of Dismissal Without Prejudice
P:\pro-se\sj.lhk\cr.11\Edmonds320dis

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