Turpening v. Philson et al

Filing 30

ORDER DISMISSING CASE. Petitioner is denied a certificate of appealability. Signed by Judge James C. Mahan on 10/11/2018. (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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As it became apparent to the Court that Turpening might no longer be at the

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address that he has provided to the Court for purposes of this action, on August 31, 2018,

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the Court ordered Turpening to file a notice, either confirming that he is still located at the

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address he last provided to the Court – at Ely State Prison – or informing the Court and

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the respondents of his new mailing address. See LR IA 3-1 (“An attorney or pro se party
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must immediately file with the court written notification of any change of mailing

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address…. Failure to comply with this rule may result in the dismissal of the action, entry

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of default judgment, or other sanctions as deemed appropriate by the court.”). See Order

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entered August 31, 2018 (ECF No. 28). Turpening was to file such notice by September

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28, 2018. See id.

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The copy of the August 31 order sent to Turpening was returned to the Court,

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undelivered, with markings on the envelope indicating that Turpening is “Not at ESP”

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(ECF No. 29).

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Turpening did not file a notice regarding his address by September 28, 2018, as
ordered.

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IT IS THEREFORE HEREBY ORDERED that this action is DISMISSED.

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IT IS FURTHER ORDERED that the petitioner is denied a certificate of

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appealability.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

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October 11, 2018.
DATED THIS ___ day of ______________________, 2018.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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