Turpening v. Philson et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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AARON LEE TURPENING,
Case No. 2:16-cv-02947-JCM-PAL
Petitioner,
v.
ORDER
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TIMOTHY FILSON, et al.,
Respondents.
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This habeas corpus action was stayed on July 13, 2017, pending completion of
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pro se petitioner Aaron Lee Turpening’s state-court litigation. See Order filed July 13,
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2017 (ECF No. 22). The stay was lifted, after the completion of the state-court litigation,
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on May 24, 2018 (ECF No. 27).
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The Court then granted Turpening an opportunity to amend his habeas petition;
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the amended petition, or a notice indicating that Turpening did not intend to file one, was
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due on August 22, 2018. See Order entered May 24, 2018 (ECF No. 27). Turpening did
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not respond.
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It appears that Turpening may no longer be at the address that he has provided to
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the Court for purposes of this action. Before this case proceeds, the Court will require
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Turpening to either confirm that he is still located at the address he last provided to the
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Court – at Ely State Prison – or file a notice informing the Court and the respondents of
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his new mailing address. See LR IA 3-1 (“An attorney or pro se party must immediately
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file with the court written notification of any change of mailing address…. Failure to comply
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with this rule may result in the dismissal of the action, entry of default judgment, or other
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sanctions as deemed appropriate by the court.”).
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IT IS THEREFORE HEREBY ORDERED that the petitioner must, no later than
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September 28, 2018, either: (1) file a notice confirming that his mailing address is still at
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Ely State Prison, P.O. Box 1989, Ely, NV 89301, or (2) file a notice of his new mailing
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address.
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IT IS FURTHER ORDERED that, if the petitioner does not comply with this order
within the time allowed, the Court will dismiss this action.
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August 31, 2018.
DATED THIS ___ day of ______________________, 2018.
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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE
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