Rayes v. Houston et al

Filing 76

ORDER that Plaintiff shall notify the court of his new address on orbefore February 24, 2016, or this action shall be dismissed without prejudice andwithout further notice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD RAYES,

)
)
Plaintiff,
)
)
v.
)
)
ROBERT HOUSTON, sued in their
)
individual and official capacities,
)
MICHAEL KENNEY, sued in their
)
individual and official capacities,
)
LARRY WAYNE, sued in their
)
individual and official capacities,
)
SAMUAL SHAW, sued in their
)
individual and official capacities,
)
LANNETTE GRIFFEN-MACK, sued )
in their individual and official
)
capacities, and HOLLY ROHDE,
)
sued in their individual and official
)
capacities,
)
)
Defendants.
)
)

4:14CV3177

ORDER

Plaintiff, a former inmate proceeding pro se, filed this action challenging the
constitutionality of various prison regulations. The docket sheet for this case indicates
that Plaintiff’s address is the Nebraska State Penitentiary. However, Nebraska
Department of Correctional Services public records show that Plaintiff was released
from custody on January 25, 2016. See Stutzka v. McCarville, 420 F.3d 757, 761 n.2
(8th Cir. 2005) (court may take judicial notice of public records).
The Local Rules of this court provide that an attorney must file and serve notice
of a change of address during a pending case within 30 days, and “parties who
proceed pro se are bound by and must comply with all local and federal procedural

rules.” See NEGenR 1.3(e) & (g). Therefore, I shall order Plaintiff to notify the court
of his new address on or before February 24, 2016, or this action shall be dismissed
without prejudice and without further notice.
IT IS ORDERED that Plaintiff shall notify the court of his new address on or
before February 24, 2016, or this action shall be dismissed without prejudice and
without further notice.
DATED this 28th day of January, 2016.
BY THE COURT:

Richard G. Kopf

Senior United States District Judge

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