Lorenzo Stewart v. J. Carzon

Filing 13

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Hon. Lucy H. Koh on 1/2/15. (sms, COURT STAFF) (Filed on 1/5/2015)

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FILED

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JAN 0 5 2015

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LORENZO STEWART,
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Plaintiff,
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v.
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J. CARZON,
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Defendant.
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No. C 14-2625 LHK (PR)
ORDER OF DISMISSAL
WITHOUT PREJUDICE

On June 6, 2014, plaintiff, a California state prisoner proceeding pro se, filed a federal
civil rights complaint, pursuant to 42 U.S.C. § 1983. On October 6, 2014, the court granted
plaintiff leave to proceed in forma pauperis and dismissed plaintiff's complaint with leave to
amend. The court directed plaintiff to file an amended complaint within thirty days. On October
29, 2014, the order granting in forma pauperis and the order dismissing the complaint with leave
to amend were returned to the court as undeliverable because plaintiff could not be located.
Pursuant to Northern District Local Rule 3-11 a party proceeding prose whose address
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

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deliverable, and (2) the court fails to receive within sixty days ofthis return a written
communication from the prose party indicating a current address. See Civil L.R. 3-11 (b).
Order of Dismissal Without Prejudice
P:\PRO-SE\LHK\CR.14\Stewart625dis311. wpd

More than sixty days have passed since the mail sent to plaintiff by the court was
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returned as undeliverable on October 29, 2014. 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 shall enter judgment and

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close the file.

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IT IS SO ORDERED.
Dated:

l/2... j \)

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Order of Dismissal Without Prejudice
P:\PRO-SE\LHK\CR.l4\Stewart625dis3ll.wpd

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