United States District Court, Northern District of California
May 5, 2003
EDWIN LAMAR HOOD, PLAINTIFF(S),
STAN WILLIAMS, ET AL., DEFENDANT(S).
The opinion of the court was delivered by: Charles R. Breyer, United States District Judge
ORDER OF DISMISSAL
(Doc # 13)
Per order filed on February 19, 2003, the court found that plaintiff's pro se civil rights complaint for damages under 42 U.S.C. § 1983 — alleging that on August 9, 2002 San Francisco Police Officer Stan Williams used excessive and lethal force against him — stated a cognizable claim, when liberally construed, and ordered the United States Marshal to serve Williams and the San Francisco Police Department. A copy of the order was mailed to plaintiff.
On March 4, 2003, the post office returned the court's mail to plaintiff as undeliverable, and on April 3 and 22, 2003, defendants informed the court that they have not been able to locate plaintiff. Because sixty days have passed since the court's mail to plaintiff was returned as undeliverable, and the court has received no written communication from plaintiff indicating a current address, the case is DISMISSED without prejudice pursuant to Local Rule 3-11(b).
The Clerk shall close the file and terminate all pending motions (see. e.g., doc #13) as moot.
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