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govinfo:USCOURTS-cand-4_25-cv-09802-0
1 2 3 4 5 6 7 8 9 10 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JEVARIEN ZY’MELL DUNLAP, Plaintiff, v. U.S. DEPARTMENT OF STATE, Defendant. ORDER DISMISSING CASE Re: Dkt. No. 4 Pro se plaintiff Jevarien Zy’mell Dunlap filed this action against the United States Department of State. See Dkt. No. 1 (“Compl.”) at 1. Plaintiff alleged that after submitting an application for a passport, Defendant sought more information so that it could duly process his application, and had not granted him a passport by the time he filed his complaint. See id. Plaintiff asserted that Defendant’s failure to process his passport violated his constitutional right to international travel. Id. Concurrent with his complaint, Plaintiff filed an application to proceed in forma pauperis. The Court therefore screened Plaintiff’s complaint under 28 U.S.C § 1915(e)(2). See Dkt. No. 4. As the Court explained in that order, Plaintiff’s “claim ‘lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory.’” Id. at 3 (quoting Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008)). On January 29, 2026, the Court dismissed the case with leave to amend and instructed Plaintiff to file an amended complaint by March 2, 2026, or else pay the filing fees. See Dkt. No. 4. Plaintiff did not file an amended complaint by March 2, 2026, and has not filed one to date. Mail sent to Plaintiff, including the Court’s January 29 order, has been returned as undeliverable. See Dkt. Nos. 6, 7. It is therefore unclear if Plaintiff ever received the order directing him to file an amended complaint. Nevertheless, Plaintiff has an 2 1 2 3 4 5 6 7 8 9 10 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 obligation to maintain his address on file with the Court. See L.R. 3-11. He has not done so, and this alone is a basis to dismiss the complaint. See Civil L.R. 3-11(b). Accordingly, for this reason and for the reasons stated in its January 29 order, the Court DISMISSES this case without prejudice. The Clerk is directed to enter judgment in favor of Defendant and against Plaintiff, and to close the case. IT IS SO ORDERED. Dated: ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge June 18, 2026