Draw v. Baca et al

Filing 40

ORDER that petitioner must either (1) file a notice confirming mailing address at LCC or, (2) file a notice of new mailing address by 7/20/2018; if petitioner does not comply with order, the court will dismiss this action. Signed by Judge Miranda M. Du on 6/15/2018. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

HUBERT W. DRAW, JR.,

10
11
12

Case No. 3:15-cv-00224-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,

13

Respondents.

14
15

This action is a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C.

16

§ 2254, by Hubert W. Draw, Jr., who, on October 31, 2007, after a jury trial in Nevada's

17

Eighth Judicial District Court (Clark County), was convicted of one count of sexual assault

18

with a minor under sixteen years of age, and seven counts of open or gross lewdness (a

19

gross misdemeanor).

20

Respondents have filed an answer, responding to the claims remaining in Draw’s

21

Petition. (ECF No. 39.) Draw did not file a reply to Respondents’ answer, and, in fact, has

22

taken no action in this case since December 19, 2016, when he filed a motion to

23

voluntarily dismiss an unexhausted claim. (ECF No. 35.) Meanwhile, it appears that Draw

24

might have been discharged from prison, but Draw has not provided the Court with a

25

notice of change of his mailing address.

26

The Court will require Draw to either confirm that he is still located at the address

27

he last provided to the Court—at the Lovelock Correctional Center—or file a notice

28

informing the Court and Respondents of his new mailing address. See LR IA 3-1 (“An

1

attorney or pro se party must immediately file with the court written notification of any

2

change of mailing address . . . . Failure to comply with this rule may result in the dismissal

3

of the action, entry of default judgment, or other sanctions as deemed appropriate by the

4

court.”).

5

It is therefore ordered that Petitioner must, no later than July 20, 2018, either:

6

(1) file a notice confirming that his mailing address is still at the Lovelock Correctional

7

Center, 1200 Prison Rd., Lovelock, NV 89419, or (2) file a notice of his new mailing

8

address.

9
10
11

It is further ordered that, if Petitioner does not comply with this Order within the
time allowed, the Court will dismiss this action.
DATED THIS 15th day of June 2018.

12
13
14

MIRANDA M. DU,
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2