Clark v. Guerrero

Filing 120

ORDER Denying 113 Defendant's Motion to Dismiss for Plaintiff's Failure to Comply with LRS 2-2. Signed by Judge James C. Mahan on 10/24/2012. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MICHAEL CLARK, 8 9 10 2:09-CV-141 JCM (PAL) Plaintiff, v. OFFICER GUERRERO, 11 Defendant. 12 13 ORDER 14 15 Presently before the court is defendant’s motion to dismiss for plaintiff’s failure to comply with local rules of special proceedings and appeals (“LRS”) 2-2. (Doc. # 113). 16 Defendant seeks to dismiss this case because “[p]laintiff’s failure to comply with LRS 2-2 17 should result in dismissal of this action with prejudice.” (Id. at 3:4-5). LRS 2-2 instructs that an in 18 forma pauperis plaintiff “shall immediately file with the Court written notification of any change of 19 address,” and “[f]ailure to comply with the Rule may result in dismissal of the action with 20 prejudice.” 21 Plaintiff has updated his change of address and fully complied with LRS 2-2. (Doc. # 117). 22 Therefore, the reasoning and arguments underlying defendant’s motion to dismiss for failure to 23 comply with LRS 2-2 no longer apply. Defendant must continue to litigate this case as already 24 instructed by the court. (See docs. ## 102, 105 & 108). 25 ... 26 ... 27 ... 28 James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS ORDERED, ADJUDGED, AND DECREED that defendant’s motion to dismiss for 3 4 plaintiff’s failure to comply with LRS 2-2 (doc. # 113) be, and the same hereby is, DENIED. DATED October 24, 2012. 5 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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