Clark v. Guerrero

Filing 108

ORDER that 1) Defendant Guerrero's Motion for Order 106 is DENIED; 2) Defendant Guerrero shall answer Plaintiff's Amended Complaint by the deadlines established in the court's previous Order 105 ; 3) Plaintiff is reminded of his ob ligation under LSR 2-2 to promptly notify the court and opposing counsel of any change in address. Failure to comply with LSR 2-2 may result in a recommendation that Plaintiff's Amended Complaint 88 be dismissed with prejudice. Signed by Magistrate Judge Peggy A. Leen on 9/27/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL CLARK,

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Plaintiff,
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vs.
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ADRIAN GUERRERO, et al.,
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Defendants. )
__________________________________________)

Case No. 2:09-cv-00141-JCM-PAL
ORDER
(Mtn for Order - Dkt. #106)

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This matter is before the court on Defendant Adrian Guerrero's Motion for Order Due to

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Plaintiff’s Failure to Comply with the Local Rules (Dkt. #106). Defendant Guerrero requests the court

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dismiss this case because Plaintiff has not complied with Local Special Rule 2-2. As support for this

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request, Defendant has attached an envelope to the Motion showing that his mail to Plaintiff was

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returned, and Plaintiff no longer lives at the address on file with the court. One piece of returned mail

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does not show Plaintiff is non-compliant with LSR 2-2, especially where no court orders have been

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returned as undeliverable by the U.S. Post Office.

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Accordingly,

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IT IS ORDERED:

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1.

Defendant Guerrero’s Motion for Order (Dkt. #106) is DENIED.

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2.

Defendant Guerrero shall answer Plaintiff's Amended Complaint by the deadline

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established in the court's previous Order (Dkt. #105).
3.

Plaintiff is reminded of his obligation under LSR 2-2 to promptly notify the court and
opposing counsel of any change in address. Failure to comply with LSR 2-2 may result

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in a recommendation that Plaintiff’s Amended Complaint (Dkt. #88) be dismissed with

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prejudice.

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Dated this 27th of September, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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