Opinion
No. C 10-5355 CW (PR)
10-07-2011
PATRICE ANDRE FLUKER, Plaintiff, v. AGENT TUCKER, et al., Defendants.
ORDER OF DISMISSAL
Plaintiff, a state prisoner, filed the present pro se complaint when he was incarcerated at the Alameda County Jail. Thereafter, in December 2010, Plaintiff notified the Court he had been released from custody, in February 2011 he notified the Court he had been returned to the Alameda County Jail, and, on March 2, 2011, he notified the Court that he was incarcerated at San Quentin State Prison (SQSP) and would be released from custody on March 30, 2011. Plaintiff has not communicated with the Court since his last notification.
On September 7, 2011, the Court issued an Order of Dismissal With Leave to Amend and gave Plaintiff thirty days from the date of the Order to file an amended complaint providing factual and legal bases for his claims. The Court informed Plaintiff that failure to timely file an amended complaint would result in dismissal of the action without prejudice. The Order was sent to Plaintiff at his most recent address on the court docket, i.e., SQSP. On September 8, 2011, the Order was mailed back to the Court from SQSP, with a notation on the envelope that Plaintiff no longer is in custody.
Because Plaintiff has not communicated with the Court or updated his address since his presumed release from SQSP on March 30, 2011, he did not receive the Court's Order of Dismissal With Leave to Amend and has not amended his complaint to cure the noted pleading deficiencies.
Accordingly, IT IS HEREBY ORDERED that the complaint in the above-captioned action is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted.
The Clerk of the Court shall enter judgment in accordance with this Order and close the file. When and if Plaintiff is prepared to pursue his claims, he may file a new civil rights action.
IT IS SO ORDERED.
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
PATRICE ANDRE FLUKER, Plaintiff,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS et al, Defendant.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 7, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
Case Number: CV10-05355 CW
CERTIFICATE OF SERVICE
Patrice Andre Fluker
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk