Lacy v. Dzurenda et al

Filing 14

ORDER that Plaintiff shall file his updated address with the Court within thirty (30) days from the date of this order. FURTHER ORDERED that the order setting an early mediation conference (ECF No. 9) is vacated. Signed by Judge Kent J. Dawson on 7/17/2018. (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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RICHARD ALAN LACY,

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Case No. 2:17-cv-01123-KJD-NJK
Plaintiff,

ORDER

v.
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JAMES DZURENDA, et al.,
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Defendants.
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I.

DISCUSSION
Plaintiff, a former state prisoner, filed a civil rights complaint pursuant to 42 U.S.C.

§ 1983. (ECF No. 1-1.) The Court issued a screening order on June 7, 2018. (ECF No.
4). On June 20, 2018, Plaintiff filed a change of address notice with this Court. (ECF No.
6). On June 28, 2018, the Court issued an order setting an early mediation conference.
(ECF No. 9). On July 9, 2018, that order was returned to the Court as undeliverable.
(ECF No. 10). On July 10, 2018, Defendants filed a motion to dismiss based on Plaintiff’s
failure to notify the Court of his latest change of address. (ECF No. 11).
The Court notes that, pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se
party must immediately file with the court written notification of any change of mailing
address, email address, telephone number, or facsimile number. The notification must
include proof of service on each opposing party or the party’s attorney. Failure to comply

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with this rule may result in the dismissal of the action, entry of default judgment, or other
sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1.

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Because Plaintiff previously has been diligent in keeping the Court up to date on
his latest address, the Court will provide Plaintiff with the opportunity to update his
address. This Court grants Plaintiff thirty (30) days from the date of entry of this order to
file his updated address with this Court. If Plaintiff does not update the Court with his
current address within thirty (30) days from the date of entry of this order, the Court will
dismiss this action.
II.

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.
IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order,
the Court shall dismiss this case.
IT IS FURTHER ORDERED that the order setting an early mediation conference
(ECF No. 9) is vacated.
DATED THIS 17th day of July 2018.

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UNITED STATES DISTRICT JUDGE

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