Fawver v. Nye County Sheriff's Office et al

Filing 34

ORDER. Plaintiff is ORDERED to show cause in writing, no later than June 7, 2024, whether this case should be dismissed for failure to prosecute (Fed. R. Civ. P. 41(b)), for failure to comply with the order to file a discovery plan (Fed. R. Civ. P. 16(f)), and for failure to file a notice of change of address (Local Rule IA 3-1). Plaintiff is also ORDERED to state in writing, no later than June 7,2024, whether he is currently incarcerated and his current mailing address. < b> Plaintiff is cautioned that failure to comply with this order may result in dismissal of this case. The Clerk's Office is INSTRUCTED to send this order to show cause to Plaintiff at the Wyoming address identified in his prior 18 notice of changed address, and at the Florida return address identified on the envelope for Plaintiff's most recent 26 motion. Signed by Magistrate Judge Nancy J. Koppe on 5/10/2024. (Copies have been distributed pursuant to the NEF - AMMi - cc: mailed to P per Order.)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SKYLER DEAN FAWVER,

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Order To Show Cause

v.

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ERIC ANDERSON,

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Defendant(s).

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Case No. 2:22-cv-00914-CDS-NJK

Plaintiff(s),

On April 18, 2024, the Court ordered the parties to file a stipulated discovery plan by May

13 3, 2024. Docket No. 32. On May 2, 2024, Defendant filed a notice that Plaintiff has not responded
14 to counsel’s communications, Plaintiff has not responded to discovery, and Plaintiff may have
15 abandoned this case. Docket No. 33. The Court also notes that it is unclear from the docket
16 whether Plaintiff is an inmate at this time or where he is located. See Docket No. 18 (notice of
17 change of address with a Wyoming post office location); see also Docket No. 33 at 1 (defense
18 counsel’s assertion that Plaintiff is “believed to be an inmate in Wyoming”); Docket No. 26 at 2
19 (return address on envelope appearing to provide jail address in Florida).1
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In light of the circumstances, Plaintiff is ORDERED to show cause in writing, no later

21 than June 7, 2024, whether this case should be dismissed for failure to prosecute (Fed. R. Civ. P.
22 41(b)), for failure to comply with the order to file a discovery plan (Fed. R. Civ. P. 16(f)), and for
23 failure to file a notice of change of address (Local Rule IA 3-1). Plaintiff is also ORDERED to
24 state in writing, no later than June 7, 2024, whether he is currently incarcerated and his current
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The most recent motion papers at Docket No. 26 provide the Wyoming address on the
signature line, Docket No. 26 at 1, but the jail address in Florida as the return address on the
28 envelope, id. at 2.
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1 mailing address. Plaintiff is cautioned that failure to comply with this order may result in
2 dismissal of this case.
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Lastly, the Clerk’s Office is INSTRUCTED to send this order to show cause to Plaintiff

4 at the Wyoming address identified in his prior notice of changed address, Docket No. 18, and at
5 the Florida return address identified on the envelope for Plaintiff’s most recent motion, Docket
6 No. 26 at 2.
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IT IS SO ORDERED.

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Dated: May 10, 2024

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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