Engelson v. Bean et al

Filing 6

ORDER. IT IS ORDERED that Plaintiff has until February 28, 2025, to file his updated address with the Court. Plaintiff is cautioned that this action will be subject to dismissal without prejudice if he fails to timely comply with this order. Th e Clerk of the Court is directed to send Plaintiff courtesy copies of this order, the 2 advisory letter, and Plaintiff's 1 , 1 -1 initiating documents by delivering the same to Ely State Prison's law library. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 1/29/2025. (For Distribution by law library.) (Copies have been distributed pursuant to the NEF - AMMi)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 COLE D. ENGELSON, 4 Plaintiff 5 6 Case No. 2:25-cv-00143-GMN-MDC ORDER v. JEREMY BEAN, et al., 7 Defendants 8 9 On January 23, 2025, state prisoner Cole Engelson submitted a civil-rights 10 complaint under 42 U.S.C. § 1983 along with an application to proceed in forma pauperis. 11 (ECF Nos. 1-1, 1). Plaintiff’s mail from the Court has since been returned as 12 undeliverable, noting that Plaintiff is no longer at the address listed with the Court. (ECF 13 Nos. 3, 4, 5). According to the Nevada Department of Corrections inmate database, 14 Plaintiff is currently incarcerated at Ely State Prison. If Plaintiff wants to proceed with this 15 action, he must file his updated address with the Court. 16 I. DISCUSSION 17 Nevada Local Rule of Practice IA 3-1 instructs that a “pro se party must 18 immediately file with the court written notification of any change of mailing address, email 19 address, telephone number, or facsimile number.” “This change of address includes 20 moving to a new institution or being released on parole.” (ECF No. 2 at 1). “The 21 notification must include proof of service on each opposing party or the party’s attorney[,]” 22 when applicable. LR IA 3-1. And “failure to comply with this rule may result in the dismissal 23 of the action, entry of default judgment, or other sanctions as deemed appropriate by the 24 court.” Id. 25 II. 26 27 28 CONCLUSION It is therefore ordered that Plaintiff has until February 28, 2025, to file his updated address with the Court. 1 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 2 he fails to timely comply with this order. A dismissal without prejudice allows Plaintiff to 3 refile the case with the Court, under a new case number, when Plaintiff can file a complete 4 application to proceed in forma pauperis or pay the required filing fee. 5 The Clerk of the Court is directed to send Plaintiff courtesy copies of this order, the 6 Advisory Letter (ECF No. 2), and Plaintiff’s initiating documents (ECF Nos. 1, 1-1) by 7 delivering the same to Ely State Prison’s law library. 8 DATED: January 29, 2025 9 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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