Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 3:08-cv-00627-SI

Document 5

Filed 05/12/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ERICH WILLIAM FLEMING, Plaintiff, v. EDWARD FLORES, chief; et al., Defendants. /

No. C 08-627 SI (pr) ORDER OF DISMISSAL

On January 28, 2008, mail was sent to plaintiff at the address he provided to the court and was returned undelivered on February 26, 2008 and stamped "not in custody." Plaintiff has not provided any address other than the one to which the undeliverable mail was sent. More than sixty days have passed since the mail was returned to the court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which requires that a party proceeding pro se must "promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address" when his address changes. Local Rule 3-11(b) allows the court to dismiss a complaint without prejudice when mail directed to a pro se party is returned as not deliverable and the pro se party fails to send a current address within sixty days of the return of the undelivered mail For the foregoing reasons, this action is dismissed without prejudice

because plaintiff failed to keep the court informed of his address in compliance with Local Rule 3-11(a). The in forma pauperis application is DENIED. (Docket # 2.) IT IS SO ORDERED. Dated: May 12, 2008 ______________________ SUSAN ILLSTON United States District Judge

Case 3:08-cv-00627-SI

Document 5-2

Filed 05/12/2008

Page 1 of 1