Houston v. State of Nevada et al

Filing 7

ORDER. IT IS ORDERED that Plaintiff will file his updated address with the Court within thirty (30) days from the date of this order. IT IS FURTHER ORDERED that 4 Plaintiff's application to proceed in forma pauperis for prisoners is DENI ED as moot.IT IS FURTHER ORDERED that the Clerk of the Court WILL SEND Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. Signed by Magistrate Judge Elayna J. Youchah on 8/23/2019. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRICK P. HOUSTON,

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Plaintiff

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Case No. 2:18-cv-01115-JAD-EJY
ORDER

v.
STATE OF NEVADA et al.,

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Defendants.

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I.

DISCUSSION

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

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

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

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

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number, or facsimile number. The notification must include proof of service on each opposing party

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or the party’s attorney. Failure to comply with this rule may result in the dismissal of the action,

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entry of default judgment, or other sanctions as deemed appropriate by the court.” Nev. Loc. R. IA
3-1. 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 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 Plaintiff to
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file an application to proceed in forma pauperis by a non-prisoner within thirty (30) days from the
date of this order or pay the full filing fee of $400.
II.

CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff will file his updated address with

the Court within thirty (30) days from the date of this order.

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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 WILL SEND Plaintiff the approved

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

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

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DATED THIS 23rd day of August 2019.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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