Jones v. Superior Court of California, County of Mendocino

United States District Court for the Northern District of California

Jones v. Superior Court of California, County of Mendocino

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL ANTHONY JONES, Case No. 25-cv-01398-NW

8 Petitioner, ORDER OF DISMISSAL v. 9

10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MENDOCINO, 11 Respondent.

12 13 On February 11, 2025, Petitioner Michael Anthony Jones filed the instant petition for writ 14 of habeas corpus. ECF No. 1. The same day, the Court notified Jones that the action was 15 deficient because he had not paid the filing fee or filed an application for leave to proceed in forma 16 pauperis (IFP) and instructed him to cure the deficiency within 28 days. ECF No. 2. The deadline 17 passed and Petitioner did not pay the filing fee nor file an application to proceed IFP. 18 In addition, correspondence mailed to Jones on February 18, 2025, was returned as 19 undeliverable, and Jones has still not provided the Court with his current address or made any 20 contact with the Court in over three months. ECF Nos. 4, 6. Pursuant to Northern District Civil 21 Local Rule 3-11, a party proceeding without attorney representation (pro se) whose address 22 changes while an action is pending must promptly file and serve upon all opposing parties a notice 23 of change of address specifying the new address. Civ. L.R. 3-11(a). The Court may, without 24 prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court has been 25 returned to the court as not deliverable, and (2) the court fails to receive within 60 days of this 26 return a written communication from the pro se party indicating a current address. Civ. L.R. 3- 27 11(b); see also Carey v. King,

856 F.2d 1439, 1441

(9th Cir. 1988) (affirming dismissal of pro se 1 Accordingly, the matter is DISMISSED without prejudice to Jones filing a motion to 2 || reopen the action. Any motion to reopen must be accompanied by either the filing fee or a 3 complete IFP application, as well as notice of his current address. The Clerk shall close the file. 4 IT IS SO ORDERED. 5 || Dated: April 29, 2025 ‘

7 Noél Wise United States District Judge 8 9 10 11 12

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Reference

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