Banks v. Lombardo

Filing 12

ORDER. IT IS ORDERED that plaintiff shall file his updated address with the court within thirty (30) days from the date of this order. IT IS FURTHER ORDERED that the clerk of the court shall send to plaintiff a copy of 11 his second amended com plaint. If plaintiff chooses to proceed with this case, he shall sign page 10 of the second amended complaint and return the entire second amended complaint to this court within (30) days from the date of this order. IT IS FURTHER ORDERED that, if plaintiff fails to timely comply with this order, the court shall dismiss this case with prejudice. Signed by Judge James C. Mahan on 12/27/16. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

12

)
)
Plaintiff,
)
)
v.
)
)
JOE LOMBARDO et al.,
)
)
Defendants.
)
)
___________________________________ )

13

I.

7
8
9
10
11

QUENTIN BANKS,

2:15-cv-02242-JCM-VCF
ORDER

DISCUSSION

14

According to the Nevada department of corrections (“NDOC”) inmate database, plaintiff

15

is no longer housed at the address listed with the court. The court notes that pursuant to

16

Nevada local special rule 2-2, “[t]he plaintiff must immediately file with the court written

17

notification of any change of address. The notification must include proof of service on each

18

opposing party or the party’s attorney. Failure to comply with this rule may result in dismissal

19

of the action with prejudice.” Nev. Loc. Special R. 2-2. This court grants plaintiff thirty (30)

20

days from the date of entry of this order to file his updated address with this court. If plaintiff

21

does not update the court with his current address within thirty (30) days from the date of entry

22

of this order, the court will dismiss this action with prejudice.

23

Additionally, the court notes that inmate Max Reed II has mailed and signed the last two

24

documents on behalf of plaintiff in this case. (See ECF No. 10, 11). Max Reed II also printed

25

plaintiff’s name in the penalty of perjury section in the second amended complaint. (ECF No.

26

11 at 10). In the certificate of service section in the second amended complaint, Max Reed

27

II states that plaintiff transferred to another facility before Reed had finished preparing

28

plaintiff’s second amended complaint. (Id. at 13). If plaintiff wishes to proceed with this case,
he must submit a copy of the second amended complaint to this court with his signature on

1

the penalty of perjury page.

2

II.

3
4

CONCLUSION
For the foregoing reasons, IT IS ORDERED that plaintiff shall file his updated address

with the court within thirty (30) days from the date of this order.

5

IT IS FURTHER ORDERED that the clerk of the court shall send to plaintiff a copy of

6

his second amended complaint (ECF No. 11). If plaintiff chooses to proceed with this case,

7

he shall sign page 10 of the second amended complaint and return the entire second

8

amended complaint to this court within (30) days from the date of this order.

9
10

IT IS FURTHER ORDERED that, if plaintiff fails to timely comply with this order, the
court shall dismiss this case with prejudice.

11
12

DATED: December 27, 2016.
This _____ day of December, 2016.

13
14

_________________________________
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2