Trzaska v. Willson et al

Filing 7

ORDER denying as moot 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS ORDERED that Plaintiff must file his updated address with the Court no later than December 21, 2022. IFP/Payment of filing fees due 12/21/2022. Clerk sta tus check on 12/21/2022. Signed by Magistrate Judge Nancy J. Koppe on 11/21/2022. (Attachments: # 1 IFP Inmate Form/Instructions Copy attached for distribution to P via HDSP law library)(Copies have been distributed pursuant to the NEF - HAM)

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Case 2:22-cv-00811-APG-NJK Document 7 Filed 11/21/22 Page 1 of 2 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 EDWARD SETH TRZASKA, 6 v. 7 WILLSON, et al., 8 Case No. 2:22-cv-00811-APG-NJK Plaintiff, ORDER Defendants. 9 10 I. DISCUSSION 11 According to the Nevada Department of Corrections (“NDOC”) inmate database, Plaintiff 12 is no longer incarcerated, but he has not filed his updated address and the Court’s most recent 13 order, Docket No. 5, came back as undeliverable. See Docket No. 6. Pursuant to Local Rule IA 14 3-1, a “pro se party must immediately file with the court written notification of any change of 15 mailing address, email address, telephone number, or facsimile number. The notification must 16 include proof of service on each opposing party or the party’s attorney. Failure to comply with this 17 rule may result in the dismissal of the action, entry of default judgment, or other sanctions as 18 deemed appropriate by the court.” The Court grants until December 21, 2022, to file his updated 19 address with this Court. If Plaintiff does not update the Court with his current address by 20 December 21, 2022, this case will be subject to dismissal without prejudice. 21 Additionally, the Court denies the application to proceed in forma pauperis for prisoners, 22 Docket No. 1, as moot because Plaintiff is no longer incarcerated. The Court directs Plaintiff to 23 file an application to proceed in forma pauperis by a non-prisoner, or pay the full filing fee of 24 $402, no later than December 21, 2022. 25 II. CONCLUSION 26 For the foregoing reasons, 27 IT IS ORDERED that Plaintiff must file his updated address with the Court no later than 28 December 21, 2022. 1 Case 2:22-cv-00811-APG-NJK Document 7 Filed 11/21/22 Page 2 of 2 1 2 IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis for prisoners is DENIED as moot. Docket No. 1. 3 IT IS FURTHER ORDERED that the Clerk of the Court WILL SEND Plaintiff the 4 approved form application to proceed in forma pauperis by a non-prisoner, as well as the document 5 entitled information and instructions for filing an in forma pauperis application. 6 IT IS FURTHER ORDERED that, no later than December 21, 2022, Plaintiff must either: 7 (1) file a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the 8 full filing fee of $402. 9 10 11 IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, this case will be subject to dismissal without prejudice. DATED: November 21, 2022. 12 13 14 NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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