Smith v. NDOC et al

Filing 112

ORDER - Smith is ORDERED to file a notice of changed address by May 28, 2024. Smith is furthered ORDERED to file proof of service as to Dr. Cheryl and Dennis McKee by June 5, 2024. The Clerk of Court is kindly instructed to serve this order on Smith through the Southern Desert Correctional Center Law Library. (Ad hoc to SDCC Law Library). Signed by Judge Cristina D. Silva on 5/8/2024. (Copies have been distributed pursuant to the NEF - DLS)

1
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

2
3
4 Keiton Smith,
5
6

Case No. 2:22-cv-00872-CDS-EJY
Plaintiff

v.

Order Extending Deadline for Plaintiff to
File Proof of Service

7 Lorenzo Villegas, et al.,
8

Defendants

9
10

In February 2024, plaintiff Keiton Smith notified the court that he had moved to the

11 Northern Nevada Correctional Center (NVCC). ECF No. 109. On April 5, the Clerk of Court
12 issued a notice of intent to dismiss under Fed. R. Civ. P. 4(m) as to defendants Dr. Cheryl and
13 Dennis McKee. ECF No. 110. The notice was distributed to Smith by electronic service through
14 the NVCC Law Library. Three days later, that notice was returned as undeliverable. ECF No. 111.
15 Based on the returned notice, it appears that Smith is currently housed at the Southern Desert
16 Correctional Center (SDCC). Id. Because Smith did not receive the notice of intent to dismiss, I
17 sua sponte extend the deadline for Smith to file proof of service as to Dr. Cheryl and Dennis
18 McKee to June 5, 2024. Failure to comply will result in their dismissal without further notice.
19

Smith has failed to update his address. Whether he was never transferred to NVCC or

20 was transferred and then moved back to SDCC, Smith failed to keep his address current with
21 the court. “A party, not the district court, bears the burden of keeping the court apprised of any
22 changes in his mailing address.” Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988); see also In re
23 Hammer, 940 F.2d 524, 526 (9th Cir. 1991). To that end, the local rules require that litigants
24 immediately file with the court written notification of any change of address, and expressly
25 warn that failure to do so may result in case-dispositive sanctions. See Local Rule IA 3-1. Smith is
26 ordered to file a change of address with the court that reflects his current housing by May 28,

1 2024. Failure to comply with this order may result in the imposition of case-dispositive
2 sanctions.
3

Conclusion

4

Smith is ORDERED to file a notice of changed address by May 28, 2024. Smith is

5 furthered ORDERED to file proof of service as to Dr. Cheryl and Dennis McKee by June 5, 2024.
6

The Clerk of Court is kindly instructed to serve this order on Smith through the

7 Southern Desert Correctional Center Law Library.
8

Dated: May 8, 2024

9

_________________________________
Cristina D. Silva
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2