United States District Court, N.D. California
April 12, 2004.
CHARLES CHATMAN, Plaintiff;
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
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.
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