Lewis v. Clark

Filing 6

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Nathanael Cousins on 2/1/2016. (lmh, COURT STAFF) (Filed on 2/1/2016) (Additional attachment(s) added on 2/1/2016: # 1 Certificate/Proof of Service) (lmh, COURT STAFF).

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY CEASER LEWIS,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C 15-3828 NC (PR)
ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
HONORABLE LINDA CLARK,
Defendant.
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Plaintiff, a California state prisoner proceeding pro se, filed a federal civil rights
complaint, pursuant to 42 U.S.C. § 1983. On November 17, 2015, the Court issued an order
to Plaintiff to show cause why his motion for leave to proceed in forma pauperis should not
be denied, and this action should not be dismissed, pursuant to 28 U.S.C. § 1915(g). On
November 30, 2015, the order was returned to the Court as undeliverable.
Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose
address changes while an action is pending must promptly file a notice of change of address
specifying the new address. See Civil L.R. 3-11(a). The court may, without prejudice,
dismiss a complaint when: (1) mail directed to the pro se party by the Court has been
returned to the Court as not deliverable, and (2) the Court fails to receive within sixty days of
this return a written communication from the pro se party indicating a current address. See
Civil L.R. 3-11(b).
More than sixty days have passed since the mail sent to Plaintiff by the Court was
returned as undeliverable on November 30, 2015. The Court has not received a notice from
Plaintiff of a new address, nor has the Court received any communication from Plaintiff since
he opened this case on August 21, 2015. Accordingly, the instant complaint is DISMISSED
without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk
shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED:

February 1, 2016

NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
For the Northern District of California

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