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CHATMAN v. EARLY

United States District Court, N.D. California


April 12, 2004.

CHARLES CHATMAN, Plaintiff;
v.
RICHARD EARLY, et al., Defendants

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL

On February 13, 2002, plaintiff filed this pro se civil rights complaint pursuant to 42 U.S.C. § 1983. On January 26, 2004, the Court denied plaintiffs request for leave to proceed in forma pauperis and ordered plaintiff to pay the filing fee. A copy of that order was mailed to plaintiff and, on January 29, 2004, was returned as undeliverable because plaintiff is not at the address he provided to the Court in his complaint. The Court has since received no indication from plaintiff as to his correct current address. Civil Local Rule 3-11 provides for the dismissal of an action in which a pro se plaintiff fails to notify the Court of a change of address within 60 days of the date mail is returned to the Court as not deliverable. As more than 60 days have passed since the above — referenced return of plaintiffs mail, and plaintiff has not notified the Court of his correct current address, this action is hereby DISMISSED. The dismissal is without prejudice to plaintiffs refiling his claims in a new action in which plaintiff provides the Court with his correct address and keeps that address current as required by Rule 3-11.

No fee is due. All pending motions are terminated. The Clerk shall close the file.

  IT IS SO ORDERED.

  [EDITOR'S NOTE: THIS PAGE CONTAINS CERTIFICATE OF SERVICE]

  JUDGMENT IN A CIVIL CASE

 

[ ] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
[ ] Decision by Court This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
  IT IS ORDERED AND ADJUDGED this action is hereby DISMISSED. The dismissal is without prejudice to plaintiff's refiling his claims in a new action in which plaintiff provides the Court with his correct address and keeps that address current as required by Rule 3-11.

20040412

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