United States District Court, N.D. California
August 5, 2004.
ARTHUR HARRIS, Petitioner,
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
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