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