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HARRIS v. YATES

United States District Court, N.D. California


August 5, 2004.

ARTHUR HARRIS, Petitioner,
v.
JAMES YATES, Respondent.

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

ORDER OF DISMISSAL

On April 6, 2004, the above-titled pro se habeas petition was transferred to this district from the Eastern District of California. On the same date, the Clerk sent plaintiff a notice that he had neither paid the filing fee nor filed a completed application to proceed in forma pauperis ("IFP"). Along with the notice, plaintiff was sent copies of the Court's IFP application, instructions on completing it, and return envelopes. On April 26, 2004, these materials were returned to the court as undeliverable because plaintiff was 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 90 days have passed since the above-referenced return of plaintiff's mail, and plaintiff has not notified the court of his correct current address, 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.

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

  IT IS SO ORDERED. 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.

  [X] 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.

20040805

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