Lynch v. State of Nevada et al

Filing 14

ORDER DISMISSING CASE. Certificate of Appealability is denied. Signed by Judge Richard F. Boulware, II on 12/18/2018. (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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OSSIRIS DIZON LYNCH,

Case No. 2:17-cv-01897-RFB-NJK

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Petitioner,

ORDER

v.
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STATE OF NEVADA, et al.,
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Respondents.
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On December 4, 2018, the court granted respondents’ motion to dismiss certain grounds in

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Ossiris Dizon Lynch’s pro se 28 U.S.C. § 2254 habeas petition (ECF No. 12). The court noted in

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that order that Lynch had not opposed the motion to dismiss or responded in any way.

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That order was served on Lynch via U.S. mail at his address of record. The order was

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returned as undeliverable, with no new address (see ECF No. 13). Under LR IA 3-1 of the local

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rules, a petitioner must immediately file written notification of any change of address. 1

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Accordingly, this action is dismissed for failure to update address.
IT IS THEREFORE ORDERED that the petition is DISMISSED as set forth in this

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order.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close

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this case.

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DATED: 18 December 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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This court also takes judicial notice of the inmate information on the Nevada Department of Corrections
website, which reflects that Lynch was paroled about February 2018.

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