Clark v. Guerrero

Filing 136

ORDER Denying 133 Defendant Adrian Guerrero's Motion to Dismiss. Signed by Judge James C. Mahan on 8/8/13. (Copies have been distributed pursuant to the NEF - EDS)

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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 Adrian Guerrero’s motion to dismiss. (Doc. # 133).

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Pro se prisoner plaintiff Michael Clark filed a response in opposition (doc. # 135), and defendant did

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not file a reply.

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Defendant moves the court for the second time to dismiss this case pursuant to LRS 2-2.

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LRS 2-2 instructs that an in forma pauperis plaintiff “shall immediately file with the Court written

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notification of any change of address,” and “[f]ailure to comply with the Rule may result in dismissal

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of the action with prejudice.”

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Defendant alleges that when he mailed discovery responses to plaintiff the mail returned as

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undeliverable. Plaintiff argues that his address has not changed. From the court’s review of the

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docket, it does not appear that plaintiff’s address has changed. Defendant has not filed a reply to

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argue to the contrary. The court finds it appropriate to deny the motion.

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...

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...

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...

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Adrian

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Guerrero’s motion to dismiss (doc. # 135) be, and the same hereby, is DENIED.
#133
DATED August 8, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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