Bacon v. Dzurenda et al

Filing 68

ORDER that the 65 Report and Recommendation is REJECTED. This case may proceed. Plaintiff's Responses to 62 Motion for Summary Judgment due by 8/5/2019. Signed by Judge Jennifer A. Dorsey on 7/9/2019. (Copies have been distributed pursuant to the NEF - Plaintiff's address updated and documents 62 and 63 mailed - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:18-cv-00319-JAD-NJK
4 Percy Lavae Bacon,
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Plaintiff
Order

6 v.
7 James Cox, et al.,
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[ECF Nos. 65, 67]

Defendants

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Pro se prisoner-plaintiff Percy Lavae Bacon brings this civil-rights action for events he

11 claims occurred at Nevada’s Southern Desert Correctional Center. Local Rule IA 3-1 requires
12 litigants to update their address with the court any time they move, and it warns that the failure to
13 do so may cause a case to be dismissed. After Bacon’s mail began to be returned, the Magistrate
14 Judge ordered him to update his address by May 21, 2019, or have this case dismissed. 1 That
15 deadline passed without any address update, so the magistrate judge recommended that I dismiss
16 this case without prejudice for failure to comply with the court’s rules and orders. 2 Bacon
17 objects to that recommendation, explaining that he sent a letter to the court advising that he had
18 been paroled and had a new address. 3 He asks that he be permitted to proceed with this
19 litigation. Defendants did not respond to that objection.
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ECF No. 60.

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ECF No. 65.

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ECF No. 67.

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The court did not receive that letter, and Local Rule IA 7-2 tells litigants that they “must

2 not send case-related correspondence, such as letters . . . to the court. All communications with
3 the court must be styled as a motion, stipulation, or notice, and must be filed in the court’s
4 docket and served on all other attorneys and pro se parties.” Nevertheless, the court takes Bacon
5 at his word and will not dismiss this case at this time. However, Bacon is cautioned that he must
6 advise this court immediately—via a filed notice of new address—any time he moves.
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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation [ECF No. 65] is

9 REJECTED. This case may proceed.
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IT IS FURTHER ORDERED that the Clerk of Court is directed to UPDATE Percy

11 Lavae Bacon’s address to: 1327 H St., Apt. 231, Las Vegas, NV 89106, and SEND Bacon a
12 copy of the documents filed at ECF No. 62 (Motion for Summary Judgment) and 63
13 (Klingele/Rand notice) to that address.
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IT IS FURTHER ORDERED that Bacon has until August 5, 2019, to file a response to

15 Defendants’ Motion for Summary Judgment [ECF No. 62].
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_________________________________
_________________
__ ______ __ _
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U.S. District Judge Jennifer A. Dorsey
Judge Jennifer . Do
udg
er
r
Dated: July 9 2019
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