Garrison v. State of California et al

Filing 6

ORDER OF DISMISSAL. More than sixty days have passed since the mail addressed to Plaintiff was returned as undeliverable. The Court has not received a notice from Plaintiff of a new address. Accordingly, the instant civil rights action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate any pending motions. Signed by Judge Edward J. Davila on 8/7/2013. (ecg, COURT STAFF) (Filed on 8/7/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STEVE Y. GARRISON,
Plaintiff.

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v.

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STATE OF CALIFORNIA, et al.,
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Defendants.
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No. C 13-02176 EJD (PR)
ORDER OF DISMISSAL

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On May 13, 2013, Plaintiff filed a motion which initiated these proceedings.

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(Docket No. 1.) On the same day, the Clerk sent Plaintiff two separate notices that he had

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not filed an In Forma Pauperis (“IFP”) application or a proper complaint. (Docket Nos. 2

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& 3.) On May 28, 2013, the notices were returned as undeliverable with a notation that

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the Plaintiff was no longer in custody. (Docket Nos. 4 & 5.) As of the date of this order,

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Plaintiff has not filed a notice of change of address or submitted any further pleadings in

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this case.

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Pursuant to Northern District Local Rule 3-11 a party proceeding pro se must

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promptly file a notice of change of address while an action is pending. See L.R. 3-11(a).

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The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro

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se party by the Court has been returned to the Court as not deliverable, and (2) the Court
Order of Dismissal
G:\PRO-SE\EJD\CR.13\02176Garrison_LR13dismissal.wpd

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fails to receive within sixty days of this return a written communication from the pro se

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party indicating a current address. See L.R. 3-11(b).

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More than sixty days have passed since the mail addressed to Plaintiff was

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returned as undeliverable. The Court has not received a notice from Plaintiff of a new

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address. Accordingly, the instant civil rights action is DISMISSED without prejudice

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pursuant to Rule 3-11 of the Northern District Local Rules.

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The Clerk shall terminate any pending motions.

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DATED:

8/7/2013

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
G:\PRO-SE\EJD\CR.13\02176Garrison_LR13dismissal.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

STEVE Y. GARRISON,

Case Number CV 13-02176 EJD (PR)

Plaintiff.
CERTIFICATE OF SERVICE
v.
STATE OF CALIFORNIA, et al.,
Defendants.
/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
8/7/2013
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.

Steve Y. Garrison
cwx 252
Santa Clara County Correction Department
885 N. San Pedro Street
San Jose, CA 95110

DATED: ________________________
8/7/2013

Richard W. Wieking, Clerk

/s/ By: Elizabeth Garcia, Deputy Clerk