Stradley v. Dzurenda et al

Filing 16

ORDER directing Plaintiff to file his updated address with the Court by 11/2/2020; denying ECF No. 8 IFP application; directing the Clerk to send Plaintiff the approved IFP form by a non-prisoner and instructions (Attached hereto f or distribution to P); giving Plaintiff until 11/2/2020 to file a fully complete IFP application or pay the $400 filing fee; if Plaintiff does not timely comply with this order, the Court will dismiss this case without prejudice. Signed by Magistrate Judge Carla Baldwin on 10/16/2020. (Attachments: # 1 (Non Inmate) IFP w instructions)(Copies have been distributed pursuant to the NEF - LW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK STRADLEY,

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Plaintiff

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Case No. 2:19-cv-01748-MMD-CLB
ORDER

v.
J. DZURENDA 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,

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

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with this Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1,

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a “pro se party must immediately file with the court written notification of any change of

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mailing address, email address, telephone number, or facsimile number. The notification

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must include proof of service on each opposing party or the party’s attorney. Failure to

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comply with this rule may result in the dismissal of the action, entry of default judgment,

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or other sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court

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grants Plaintiff until Monday, November 2, 2020, to file his updated address with this

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Court.

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November 2, 2020, the Court will dismiss this action without prejudice.

If Plaintiff does not update the Court with his current address by Monday,

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

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prisoners (ECF No. 8) as moot because Plaintiff is no longer incarcerated. The Court

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now directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner

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by Monday, November 2, 2020, or pay the full filing fee of $400.

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II.

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

address with the Court by Monday, November 2, 2020.
IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis

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for prisoners (ECF No. 8) is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk of the Court WILL 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 by Monday, November 2, 2020, Plaintiff will

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

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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 will dismiss this case without prejudice.
16th
DATED THIS ___ day of October 2020.

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UNITED STATES MAGISTRATE JUDGE

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