Turpening v. Philson et al

Filing 28

ORDER that the petitioner must, no later than September 28, 2018, either: (1) file a notice confirming that his mailing address is still at Ely State Prison or (2) file a notice of his new mailing address. Signed by Judge James C. Mahan on 8/31/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10
11

AARON LEE TURPENING,

Case No. 2:16-cv-02947-JCM-PAL
Petitioner,

v.

ORDER

12
13

TIMOTHY FILSON, et al.,
Respondents.

14
15
16

This habeas corpus action was stayed on July 13, 2017, pending completion of

17

pro se petitioner Aaron Lee Turpening’s state-court litigation. See Order filed July 13,

18

2017 (ECF No. 22). The stay was lifted, after the completion of the state-court litigation,

19

on May 24, 2018 (ECF No. 27).

20

The Court then granted Turpening an opportunity to amend his habeas petition;

21

the amended petition, or a notice indicating that Turpening did not intend to file one, was

22

due on August 22, 2018. See Order entered May 24, 2018 (ECF No. 27). Turpening did

23

not respond.

24

It appears that Turpening may no longer be at the address that he has provided to

25

the Court for purposes of this action. Before this case proceeds, the Court will require

26

Turpening to either confirm that he is still located at the address he last provided to the

27

Court – at Ely State Prison – or file a notice informing the Court and the respondents of

28

his new mailing address. See LR IA 3-1 (“An attorney or pro se party must immediately
1

1

file with the court written notification of any change of mailing address…. Failure to comply

2

with this rule may result in the dismissal of the action, entry of default judgment, or other

3

sanctions as deemed appropriate by the court.”).

4

IT IS THEREFORE HEREBY ORDERED that the petitioner must, no later than

5

September 28, 2018, either: (1) file a notice confirming that his mailing address is still at

6

Ely State Prison, P.O. Box 1989, Ely, NV 89301, or (2) file a notice of his new mailing

7

address.

8
9

IT IS FURTHER ORDERED that, if the petitioner does not comply with this order
within the time allowed, the Court will dismiss this action.

10
11

August 31, 2018.
DATED THIS ___ day of ______________________, 2018.

12
13
14

JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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