Citation Codes Equivalent Citations citation codes Docket Number No. CIV S-08-1750 EFB. Judges Edmund F. Brennan Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. CEDRIC EATON, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA, et al., Respondents. ORDER EDMUND BRENNAN, Magistrate Judge Petitioner is (or was) a state prisoner proceeding without counsel in an action brought under 28 U.S.C. § 2254. The matter is before the undersigned pursuant to petitioner's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2). On August 18, 2008, the postal service returned mail directed to petitioner because petitioner is not in custody. A party appearing without counsel must keep the court and all parties apprised of his current address. E.D. Cal. L.R. 83-183(b). If mail directed to such a petitioner is returned by the postal service and petitioner fails to notify the court and opposing parties within 60 days thereafter of his current address, the court may dismiss the action without prejudice for failure to prosecute. More than 60 days have passed since the postal service returned the mail and petitioner has not notified the court of his current address. Accordingly, this action is dismissed without prejudice. So ordered.