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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANSAR EL MUHAMMAD,
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Petitioner,
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v.
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SHERIFF AHERN,
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Respondent.
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No. C 14-1027 LHK (PR)
ORDER OF DISMISSAL
WITHOUT PREJUDICE

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On March 5, 2014, petitioner, proceeding pro se, filed the instant federal writ of habeas

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corpus, pursuant to 28 U.S.C. § 2254. That same day, the court sent a notification to petitioner

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informing him that he did not file a completed in forma pauperis application, nor had he paid the

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required filing fee. The court provided a copy of the in forma pauperis application, along with a

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return envelope, and a notification that the case would be dismissed if petitioner failed to pay the

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fee or file a completed application with supporting documentation within 28 days. No response

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has been received from petitioner.

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In addition, on March 21, 2014, the notification sent to petitioner by the court was

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returned to the court with a notation that it was undeliverable because petition was not in

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custody. As of the date of this order, petitioner has not updated his address with the court or

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submitted any further pleadings in this case.

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Order of Dismissal Without Prejudice
P:\PRO-SE\LHK\HC.14\Muhammad027dis311.wpd

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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 L.R. 3-11(a). The court may, without prejudice, dismiss an action when:

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(1) mail directed to the pro se party by the court has been returned to the court as not deliverable,

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and (2) the court fails to receive within sixty days of this return a written communication from

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the pro se party indicating a current address. See L.R. 3-11(b). More than sixty days have

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passed since the mail sent to petitioner by the court was returned as undeliverable. The court has

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not received a notice from petitioner of a new address.

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Accordingly, the instant petition is DISMISSED without prejudice. The clerk shall enter
judgment and close the file.

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IT IS SO ORDERED.
Dated:

5/23/14
LUCY H. KOH
United States District Judge

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Order of Dismissal Without Prejudice
P:\PRO-SE\LHK\HC.14\Muhammad027dis311.wpd

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