Anderson v. San Mateo County's Maguire Correctional Facility et al

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 6/1/17. (Attachments: # 1 Certificate/Proof of Service)(iym, COURT STAFF) (Filed on 6/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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NATHAN H. ANDERSON,
Plaintiff,

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v.

Case No. 17-CV-01398-LHK (PR)
ORDER OF DISMISSAL

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SAN MATEO COUNTY’S MAGUIRE
CORRECTIONAL FACILITY, et al.,
Defendants.

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On March 15, 2017, plaintiff, a California state prisoner, filed a pro se complaint pursuant
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to 42 U.S.C. § 1983. That same day, the Clerk sent plaintiff a notice that he had not paid the filing
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fee and the in forma pauperis (“IFP”) application he filed was deficient. On March 27, 2017, the
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Clerk’s notice mailed to plaintiff was returned to the court with a notation that plaintiff was no
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longer in custody, and no forwarding address was provided. To date, plaintiff has had no further
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contact with the court.
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Pursuant to Northern District Local Rule 3-11, the court may, without prejudice, dismiss a
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complaint when: (1) mail directed to the pro se party by the court has been returned to the court as
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not deliverable, and (2) the court fails to receive within sixty days of this return a written
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communication from the pro se party indicating a current address. See Civil L.R. 3-11(b).
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Here, more than sixty days have passed since March 27, 2017, when mail that the court
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Case No. 17-CV-01398-LHK (PR)
ORDER OF DISMISSAL

sent to plaintiff was returned to the court with no forwarding address. The court has not received a
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notice from plaintiff of a new address. Accordingly, the instant complaint is DISMISSED
without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall
terminate all pending motions, enter judgment, and close the file.
IT IS SO ORDERED.
6/1/17
Dated: _______________________

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United States District Court
Northern District of California

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Case No. 17-CV-01398-LHK (PR)
ORDER OF DISMISSAL

__________________________
LUCY H. KOH
United States District Judge