Muhammad v. Ahern et al

Filing 6

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Lucy H. Koh on 5/23/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 5/23/2014)

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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 ANSAR EL MUHAMMAD, 12 Petitioner, 13 v. 14 SHERIFF AHERN, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) No. C 14-1027 LHK (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE 17 On March 5, 2014, petitioner, proceeding pro se, filed the instant federal writ of habeas 18 corpus, pursuant to 28 U.S.C. ยง 2254. That same day, the court sent a notification to petitioner 19 informing him that he did not file a completed in forma pauperis application, nor had he paid the 20 required filing fee. The court provided a copy of the in forma pauperis application, along with a 21 return envelope, and a notification that the case would be dismissed if petitioner failed to pay the 22 fee or file a completed application with supporting documentation within 28 days. No response 23 has been received from petitioner. 24 In addition, on March 21, 2014, the notification sent to petitioner by the court was 25 returned to the court with a notation that it was undeliverable because petition was not in 26 custody. As of the date of this order, petitioner has not updated his address with the court or 27 submitted any further pleadings in this case. 28 Order of Dismissal Without Prejudice P:\PRO-SE\LHK\HC.14\Muhammad027dis311.wpd 1 Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address 2 changes while an action is pending must promptly file a notice of change of address specifying 3 the new address. See L.R. 3-11(a). The court may, without prejudice, dismiss an action when: 4 (1) mail directed to the pro se party by the court has been returned to the court as not deliverable, 5 and (2) the court fails to receive within sixty days of this return a written communication from 6 the pro se party indicating a current address. See L.R. 3-11(b). More than sixty days have 7 passed since the mail sent to petitioner by the court was returned as undeliverable. The court has 8 not received a notice from petitioner of a new address. 9 10 Accordingly, the instant petition is DISMISSED without prejudice. The clerk shall enter judgment and close the file. 11 12 IT IS SO ORDERED. Dated: 5/23/14 LUCY H. KOH United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal Without Prejudice P:\PRO-SE\LHK\HC.14\Muhammad027dis311.wpd 2

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