Laredo v. Lewis et al

Filing 3

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 2/13/2013. (ecg, COURT STAFF) (Filed on 2/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LEONEL LAREDO,
Petitioner,

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vs.

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LEWIS, et al.,
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Respondent.
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No. C 12-05674 EJD (PR)

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ORDER OF DISMISSAL

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Petitioner, a prisoner at Pelican Bay State Prison proceeding pro se, filed the

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instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November

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19, 2012, mail sent to Petitioner by the Court was returned to the Clerk of the Court with

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a notation that it was undeliverable as “Refused” and “Unable to Forward.” (See Docket

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No. 2.) As of the date of this order, Petitioner has not updated his address with the Court

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or submitted any 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
05674Laredo_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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IT IS SO ORDERED.

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DATED: ____________________
2/13/2013

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EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
05674Laredo_3-11dism.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

LEONEL LAREDO,

Case Number CV 12-05674 EJD (PR)

Petitioner,
CERTIFICATE OF SERVICE
v.
LEWIS, et al.,
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.
2/13/2013
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) inter-office delivery receptacle located in the Clerk's office.

Leonel Laredo
J-81213
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532

2/13/2013
DATED: ________________________

Richard W. Wieking, Clerk

/s/ By: Elizabeth Garcia, Deputy Clerk