Rivera v. Frakes et al

Filing 37

ORDER - As previously ordered, Plaintiff is given until January 8, 2018 to update his address with the court. The failure to timely comply with this order will result in dismissal of Plaintiff's claims for want of prosecution and for failu re to comply with the Courts rules and orders, with prejudice and without further notice. The clerk shall mail this order to Defendant at his address of record, and to Plaintiff at both his address of record and to 1625 E. Street, # 15, Lincoln, NE 68502. The clerk shall not modify the docket sheet at this time to reflect a new address for Plaintiff. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DENYS ALEXANDER RIVERA,
Plaintiff,

4:16CV3180

vs.
ORDER
RANDY WARE, Case Worker;
Defendants.
A conference call was scheduled for yesterday, with both parties given tollfree instructions to participate. (Filing No. 31). The order setting the conference
call was mailed to Plaintiff’s address of record. That mailing was returned as
undeliverable. (Filing No. 33).

Judge Kopf entered an order on December 8, 2017, requiring Plaintiff to
update his address by January 8, 2017. (Filing No. 34). That order, also sent to
Plaintiff’s address of record, was returned as undeliverable. (Filing No. 36).

Yesterday’s conference call was convened. Defendant attended; Plaintiff
did not, and Plaintiff did not contact the court yesterday to explain his absence.

During the call, Defendant Ware advised that Plaintiff’s current address
may have changed to 1625 E. Street, # 15, Lincoln, NE 68502. Defendant’s
notice of intent to serve a subpoena was mailed to that address by certified mail,
return receipt requested. (Filing No. 32). While Defendant did not receive a
signed return receipt, the mailing was also not returned as undeliverable.

Accordingly,
IT IS ORDERED:

1)

As previously ordered, Plaintiff is given until January 8, 2018 to

update his address with the court. The failure to timely comply with this
order will result in dismissal of Plaintiff’s claims for want of prosecution and
for failure to comply with the Court’s rules and orders, with prejudice and
without further notice.

2)

The clerk shall mail this order to Defendant at his address of record,

and to Plaintiff at both his address of record and to 1625 E. Street, # 15,
Lincoln, NE 68502.

3)

The clerk shall not modify the docket sheet at this time to reflect a

new address for Plaintiff.

December 20, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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