Phillips v. Williams et al

Filing 23

ORDER that the 8 Amended Petition for Writ of Habeas Corpus is DISMISSED without prejudice. The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge James C. Mahan on 7/2/2019. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10
11

JAMES CURTIS PHILLIPS,

Case No. 2:16-cv-02709-JCM-BNW
Petitioner,

ORDER

v.

12
13

BRIAN WILLIAMS, et al.,
Respondents.

14
15
16

Having twice received notice of undeliverable mail to petitioner’s address of

17

record, this court entered an order on May 16, 2019, directing petitioner to comply with

18

his obligation to notify this court of any change of his mailing address and allowing him

19

30 days to do so. ECF No. 21. See LR IA 3-1 (“An attorney or pro se party must

20

immediately file with the court written notification of any change of mailing address.”).

21

Not surprisingly, that order was also returned to the court as undeliverable. ECF No. 22.

22

In addition, petitioner has not filed a document in this case since filing an amended

23

petition in February 2017.

24

Based on the foregoing, this case will be dismissed. See LR IA 3-1; Fed. R. Civ.

25

P. 41(b) (permitting dismissal for failure to comply with court order); Ferdik v. Bonzelet,

26

963 F.2d 1258, 1260 (9th Cir. 1992) (recognizing inherent power of district courts to

27

control their dockets by imposing sanctions, which includes dismissal of a case where

28

appropriate).
1

1

IT IS THEREFORE ORDERED that the amended petition for writ of habeas

2

corpus (ECF No. 8) is DISMISSED without prejudice. The Clerk of Court shall enter

3

judgment accordingly.

4

IT IS FURTHER ORDERED that a certificate of appealability is DENIED, as

5

jurists of reason would not find the court’s dismissal of this action to be debatable or

6

incorrect.

7

July ___ day
DATED THIS2, 2019. of ______________________, 2019.

8
9
10

JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2