Galindo-Martinez v. State of Nevada et al
ORDER. IT IS HEREBY ORDERED that this action is Dismissed without prejudice for failure to comply with LSR 2-2. The Clerk of Court is instructed to close this case. Signed by Judge Richard F. Boulware, II on 03/15/2016. (Copies have been distributed pursuant to the NEF - NEV)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:13-cv-00367-RFB-GWF
STATE OF NEVADA, et al.,
Before the Court is Plaintiff Johnny Galindo-Martinez’s Motion for Summary Judgment,
ECF No. 34, and Defendants’ Cross-Motion for Summary Judgment, ECF No. 38. On August 29,
2014, a copy of the Court’s Minute Order was mailed to Plaintiff Johnny Galindo-Martinez
#1024467, Ely State Prison, P.O. Box 1989, Ely, NV 89301. ECF Nos. 39, 41. The Minute Order
provided notice to the Plaintiff that he shall file and serve points and authorities in opposition to
Defendants’ Cross-Motion for Summary Judgment within twenty-one (21) days from entry of the
Minute Order. On September 9, 2014, the Clerk of the Court received notification that the mailing
had been returned as undeliverable because Plaintiff was not at Ely State Prison and had not
provided any new address. ECF No. 41.
Rule LSR 2-2 of the Local Rules of Special Proceedings and Appeals provides:
The plaintiff shall immediately file with the court written notification of any change
of address. The notification must include proof of service upon each opposing party
or the party’s attorney. Failure to comply with this rule may result in dismissal of
the action with prejudice.
Here, Plaintiff has failed to notify the Court of his change in address. This action has been
pending since March 2013, with no action being taken by Plaintiff since August 2014. Plaintiff’s
failure to inform the Court as to his current address for a period of over 18 months interferes with
the Court’s ability to expeditiously resolve litigation and its need to manage its docket effectively.
Plaintiff’s inaction has prejudiced Defendants by interfering with their ability to obtain a decision
on the merits. The Court also finds that there are no less drastic sanctions available than dismissal,
as the Court is presently unable to communicate with Plaintiff. Under these circumstances, the
Court finds it appropriate to dismiss this case without prejudice.
IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE for
failure to comply with LSR 2-2. The Clerk of Court is instructed to close this case.
DATED: March 15, 2016.
RICHARD F BOULWA
CHARD F. BOULWARE, II
United States District Court
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