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Mulenga v. Attorney General

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 17, 2007

ALLAN SAMUEL MULENGA, PETITIONER,
v.
ATTORNEY GENERAL, RESPONDENT.

The opinion of the court was delivered by: Gilbert, District Judge

MEMORANDUM AND ORDER

Petitioner, a prisoner proceeding pro se, filed a petition for a writ of habeas corpus with the United States District Court for the Northern District of Illinois on December 22, 2006. Believing that Petitioner was confined in the Tri County Detention Center when he filed the instant habeas action, the Northern District of Illinois transferred the petition to this Court on August 6, 2007.*fn1

Since August 7, 2007, the Clerk of Court has mailed three letters to Petitioner - including two Orders issued by the Court - at the Tri County Detention Center. Each of these letters has been returned as undeliverable mail (Docs. 10, 13, and 16). On November 26, 2007, the Court received correspondence from the Tri-County Detention Center stating that Petitioner "was released to BSSA Immigration on December 12, 2006." No forwarding address was provided and the Court is unable to locate Petitioner. Local Rule 3.1(b) requires Petitioner to keep the Clerk of Court advised as to any change of address. Therefore, the instant petition will be dismissed, without prejudice, for failing to comply with the Local Rule 3.1(b). See Fed. R. Civ. P. 41(b). The Clerk of Court is DIRECTED to CLOSE THIS CASE.

IT IS SO ORDERED.

J. Phil Gilbert U. S. District Judge


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