Weir v. Attorney General of the State of Florida, No. 3:2013cv00324 - Document 21 (S.D. Cal. 2014)

Court Description: ORDER DISMISSING CASE Without Prejudice For Failure To Comply With Civil Local Rule 83.11.b: The Petition is dismissed without prejudice for failure to prosecute. The Clerk of Court is directed to enter Final Judgment, and then to terminate this case. Signed by Judge Gonzalo P. Curiel on 4/18/2014. (All non-registered users served via U.S. Mail Service.) (mdc)

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Weir v. Attorney General of the State of Florida Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 ZACHARY L. WEIR, v. Petitioner, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No. 3:13-cv-0324-GPC-JMA ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH CIVIL LOCAL RULE 83.11.b 16 17 18 Petitioner commenced this action on February 8, 2013, by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1, “Petition”.) 19 On June 13, 2013, Respondents filed a motion to dismiss the Petition. (ECF No. 20 12.) Petitioner did not respond to the Motion to Dismiss. On January 23, 2104, 21 Respondents filed a notice, pursuant to the magistrate judge’s request, indicating 22 Petitioner’s whereabouts were unknown. (ECF No. 15.) 23 On January 29, 2013, the magistrate judge issued a report and recommendation, 24 recommending that Respondents’ Motion to Dismiss be granted. (ECF No. 18, 25 “Report”.) The Clerk of Court served the Report on Petitioner at Petitioner’s last 26 designated address as reflected on the docket for this matter. On February 11, 2014, 27 the Report was returned by the Post Office as undeliverable. (ECF No. 19.) On 28 February 12, 2014, Respondents filed a notice, indicating Petitioner’s whereabouts 13cv0324 Dockets.Justia.com 1 were still unknown. To date, Petitioner has not provided the Court with a current 2 mailing address. 3 Civil Local Rule 83.11.b provides: 4 A party proceeding pro se must keep the court and opposing parties advised as to current address. If mail directed to a pro se plaintiff by the clerk at the plaintiff’s last designated address is returned by the Post Office, and if such plaintiff fails to notify the court and opposing parties within 60 days thereafter of the plaintiff’s current address, the court may dismiss the action without prejudice for failure to prosecute. 5 6 7 8 As of the date of this Order, more than 60 days have elapsed since the Report 9 was returned by the Post Office as undeliverable. Given Petitioner’s failure to apprise 10 the Court of his current mailing address within the time allotted by Civil Local Rule 11 83.11.b, the Petition is DISMISSED WITHOUT PREJUDICE for failure to 12 prosecute. The Clerk of Court is directed to enter FINAL JUDGMENT accordingly, 13 and then to TERMINATE this case. 14 IT IS SO ORDERED. 15 16 17 DATED: April 18, 2014 HON. GONZALO P. CURIEL United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2 13cv0324

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