Lafferty v. Wharten et al

Filing 5

ORDER that Plaintiff shall file his updated address with the Court by 4/21/2018; Plaintiff's IFP application (ECF No. 4 ) is DENIED as moot; Clerk directed to send Plaintiff approved form to proceed in forma pauperis by a n on-prisoner as well as instructions for the same (mailed to Plaintiff on 3/22/2018); Plaintiff shall either file a complete IFP by a non-prisoner or pay the full $400 filing fee by 4/21/2018; if Plaintiff fails to timely comply with this order, the Court shall dismiss this case without prejudice. Signed by Magistrate Judge Cam Ferenbach on 3/22/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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WILLIAM WHARTEN et al.,
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Defendants.
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___________________________________ )

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I.

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JUSTIN LAFFERTY,

2:17-cv-01392-MMD-VCF
ORDER

DISCUSSION

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According to the Nevada Department of Corrections (“NDOC”) inmate database,

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Plaintiff is no longer incarcerated. However, Plaintiff has not filed an updated address with this

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Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se party

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must immediately file with the court written notification of any change of mailing address, email

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address, telephone number, or facsimile number. The notification must include proof of service

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on each opposing party or the party’s attorney. Failure to comply with this rule may result in

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the dismissal of the action, entry of default judgment, or other sanctions as deemed

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appropriate by the court.” Nev. Loc. R. IA 3-1. This Court grants Plaintiff thirty (30) days from

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the date of entry of this order to file his updated address with this Court. If Plaintiff does not

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update the Court with his current address within thirty (30) days from the date of entry of this

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order, the Court will dismiss this action without prejudice.

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Additionally, the Court denies the application to proceed in forma pauperis for prisoners

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(ECF No. 4) as moot because Plaintiff is no longer incarcerated. The Court now directs

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Plaintiff to file an application to proceed in forma pauperis by a non-prisoner within thirty (30)

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days from the date of this order or pay the full filing fee of $400.

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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 Plaintiff’s application to proceed in forma pauperis for
prisoners (ECF No. 4) is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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approved form application to proceed in forma pauperis by a non-prisoner, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,

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Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for non-

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prisoners; or (2) pay the full filing fee of $400.

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IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, the
Court shall dismiss this case without prejudice.

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22nd
DATED: This _____ day of March, 2018.

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_________________________________
United States Magistrate Judge

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