Pough v. Gillespie et al

Filing 6

ORDER Denying 1 Application for Leave to Proceed in forma pauperis and 2 Motion for Leave to File Excess Pages. This action is dismissed without prejudice. Signed by Judge James C. Mahan on 5/16/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JERRY D. POUGH,
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Petitioner,
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vs.
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DOUG GILLESPIE, et al.,
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Respondents.
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2:13-cv-00644-JCM-NJK
ORDER

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Before the court is a document that is purportedly petitioner’s pro se petition for a writ

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of habeas corpus. On April 17, 2013, the clerk of court’s initial notice to petitioner that a case had been

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opened was served on petitioner at his address of record. On April 23, 2013, that notice was returned

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by the U.S. Postal Service as undeliverable (see ECF #3).

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Pursuant to Rule 2-2 of the Local Rules of Special Proceedings and Appeals, a pro se

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litigant is required to keep the court apprised of his or her current address at all times. Local Rule 2-2

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states: “The plaintiff [or petitioner] shall immediately file with the court written notification of any

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change of address. The notification must include proof of service upon each opposing party or the

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party’s attorney. Failure to comply with this rule may result in dismissal of the action . . . .”

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Accordingly, as petitioner has failed to file written notification of change of address with the court, this

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action is dismissed without prejudice to the filing of a new petition on the proper form in a new action

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with an application to proceed in forma pauperis also on the proper form with all required attachments.

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Petitioner at all times remains responsible for properly exhausting his claims, for calculating the running

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of the federal limitation period as applied to his case, and for properly commencing a timely-filed federal

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habeas action.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis

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(ECF #1) and the motion for leave to file excess pages (ECF #2) are both DENIED and that this action

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shall be DISMISSED without prejudice to the filing of a new petition in a new action with a properly

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completed application to proceed in forma pauperis.

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IT IS FURTHER ORDERED that the clerk shall enter judgment accordingly and close
this case.
May 16, 2013.
Dated this ______ day of May, 2013.

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UNITED STATES DISTRICT JUDGE
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