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Marshall v. States

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
No. C 11-03927 EJD (PR) (N.D. Cal. Nov. 14, 2011)

Opinion

No. C 11-03927 EJD (PR)

11-14-2011

ALEXANDER MARSHALL, Petitioner, v. THE STATES, Respondent.


ORDER OF DISMISSAL

Petitioner, a detainee at the Santa Clara County Jail proceeding pro se, filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 23, 2011, mail sent to Petitioner by the Court was returned to the Clerk of the Court with a notation that it was undeliverable as Petitioner was "not in custody." (See Docket No. 3.) As of the date of this order, Petitioner has not updated his address with the Court or submitted any further pleadings in this case.

Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes while an action is pending must promptly file a notice of change of address specifying the new address. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court has been returned to the court as not deliverable, and (2) the court fails to receive within sixty days of this return a written communication from the pro se party indicating a current address. See L.R. 3-11(b).

More than sixty days have passed since the mail directed to Petitioner by the Court was returned as undeliverable. The Court has not received a notice from Petitioner of a new address. Accordingly, the instant habeas action is DISMISSED without prejudice pursuant to Rule 3-11 of the Northern District Local Rules. The Clerk shall terminate all pending motions and close the file.

IT IS SO ORDERED.

EDWARD J. DAVILA

United States District Judge

UNITED STATES DISTRICT COURT

FOR THE

NORTHERN DISTRICT OF CALIFORNIA

ALEXANDER MARSHALL, Petitioner,

v.

THE STATES, Respondent.

Case Number: CV11-03927 EJD

CERTIFICATE OF SERVICE

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 11/14/2011 , 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.

Alexander Marshall BCC873

Santa Rita County Jail

5325 Broader Blvd

Dublin, CA 94568

Richard W. Wieking, Clerk

By: Elizabeth Garcia, Deputy Clerk


Summaries of

Marshall v. States

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
No. C 11-03927 EJD (PR) (N.D. Cal. Nov. 14, 2011)
Case details for

Marshall v. States

Case Details

Full title:ALEXANDER MARSHALL, Petitioner, v. THE STATES, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 14, 2011

Citations

No. C 11-03927 EJD (PR) (N.D. Cal. Nov. 14, 2011)