Shipman v. Washoe County Detention Facility et al

Filing 3

ORDER Denying as Moot 1 Motion/Application for Leave to Proceed in forma pauperis; Plaintiff shall file a Non-Inmate Application to proceed In Forma Pauperis or shall pay the filing fee in full on or before 9/24/2021. Signed by Magistrate Judge Cam Ferenbach on 9/7/2021. (Copies have been distributed pursuant to the NEF, Non-Inmate IFP enclosed. - DRS) Modified signing Judge on 9/7/2021 (DRS).

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Case 2:21-cv-00419-KJD-VCF Document 3 Filed 09/07/21 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JED SHIPMAN, 4 Plaintiff 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER v. WASHOE COUNTY DETENTION FACILITY et al., Defendants 8 9 Case No. 2:21-cv-00419-KJD-VCF I. DISCUSSION According to the Nevada Department of Corrections (“NDOC”) inmate database, Plaintiff is no longer incarcerated. However, Plaintiff has not filed an updated address with this Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se party must immediately file with the court written notification of any change of mailing address, email address, telephone number, or facsimile number. The notification must include proof of service on each opposing party or the party’s attorney. Failure to comply with this rule may result in the dismissal of the action, entry of default judgment, or other sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court grants Plaintiff until Friday, September 24, 2021, to file his updated address with this Court. If Plaintiff does not update the Court with his current address by Friday, September 24, 2021, this case will be subject to dismissal without prejudice. Additionally, the Court denies the application to proceed in forma pauperis for prisoners (ECF No. 1) as moot because Plaintiff is no longer incarcerated. The Court now directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner by Friday, September 24, 2021, or pay the full filing fee of $402. II. CONCLUSION For the foregoing reasons, it is ordered that Plaintiff will file an updated address with the Clerk of the Court by Friday, September 24, 2021. It is further ordered that Plaintiff’s application to proceed in forma pauperis for Case 2:21-cv-00419-KJD-VCF Document 3 Filed 09/07/21 Page 2 of 2 1 prisoners (ECF No. 1) is denied as moot. 2 It is further ordered that the Clerk of the Court will send Plaintiff the approved form 3 application to proceed in forma pauperis by a non-prisoner, as well as the document 4 entitled information and instructions for filing an in forma pauperis application. 5 It is further ordered that by Friday, September 24, 2021, Plaintiff will either: (1) file 6 a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the 7 full filing fee of $402. 8 9 It is further ordered that, if Plaintiff fails to timely comply with this order, this case will be subject to dismissal without prejudice. 10 11 7th DATED THIS ___ day of September 2021. 12 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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