EATON v. PEOPLE

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.