Clarke v. Cate
Filing
4
ORDER of Dismissal. Signed by Judge Edward M. Chen on 8/1/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 8/1/2012)
<![CDATA[
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
ANTHONY CLARKE,
8
Petitioner,
9
v.
ORDER OF DISMISSAL
MATTHEW CATE,
11
For the Northern District of California
10
United States District Court
No. C-12-2490 EMC (pr)
Respondent.
___________________________________/
12
13
14
On May 16, 2012, mail was sent from the Court to Petitioner at the address he provided on
15
his petition and was returned undelivered on May 29, 2012, marked "return to sender - inmate not at
16
this institution." Petitioner has not provided any address other than the one to which the
17
undeliverable mail was sent, and Court staff has not been able to locate him using the prisoner
18
identification number he provided. More than sixty days have passed since the mail was returned to
19
the Court undelivered. Petitioner has failed to comply with Local Rule 3-11(a) which requires that a
20
party proceeding pro se must "promptly file with the Court and serve upon all opposing parties a
21
Notice of Change of Address specifying the new address" when his address changes. Local Rule 3-
22
11(b) allows the Court to dismiss an action without prejudice when mail directed to a pro se party is
23
returned as not deliverable and the pro se party fails to send a current address within sixty days of
24
///
25
///
26
///
27
///
28
///
1
the return of the undelivered mail. This action is dismissed without prejudice because Petitioner
2
failed to keep the Court informed of his address in compliance with Local Rule 3-11(a). The Clerk
3
shall close the file.
4
5
IT IS SO ORDERED.
6
7
Dated: August 1, 2012
8
_________________________
EDWARD M. CHEN
United States District Judge
9
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
