Byars v. Williams et al

Filing 41

ORDER the petition to either file a notice confirming his address or file a notice of change of address by 4/5/2018; this case will be dismissed if Byars fails to comply with order; the schedule for respondents' answer is vacated and the court will set a new deadline after petitioner's current address is resolved. Signed by Judge Robert C. Jones on 3/6/2018. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 MICHAEL DWAYNE BYARS, 9 Petitioner, 3:15-cv-00388-RCJ-VPC 10 vs. 11 BRYAN WILLIAMS, SR., et al., ORDER 12 13 Respondents. _______________________________/ 14 15 In this habeas corpus action, brought pro se by Michael Dwayne Byars, the Court entered an 16 order on January 29, 2018, ruling on the respondents’ motion to dismiss, and dismissing one of 17 Byars’ claims (ECF No. 39). In that order, the Court directed the respondents to file an answer, 18 responding the remainder of Byars’ claims, within 60 days, or by March 30, 2018. 19 The address that the Court currently has for Byars is 1001 N. 4th St., Las Vegas NV, 89101. 20 See Notice of Change of Address, filed June 12, 2017 (ECF No. 34). The Clerk of the Court sent a 21 copy of the January 29, 2018, order to Byars at the Las Vegas address that he has provided to the 22 Court; however, on March 5, 2018, the copy of the order sent to Byars was received back at the 23 Court, with indications that it was not deliverable, and it could not be forwarded. 24 Local Rule LR IA 3-1 states that a pro se litigant must immediately file written notice of any 25 change of mailing address, and that “[f]ailure to comply with this rule may result in the dismissal of 26 the action....” LR IA 3-1. 1 IT IS THEREFORE ORDERED that petitioner shall, within 30 days from the date of this 2 order, either file a notice confirming that his address is 1001 N. 4th St., Las Vegas NV, 89101, or file 3 a notice of change of address stating his new address. If Byars fails to comply with this order, this 4 case will be dismissed pursuant to LR IA 3-1. 5 IT IS FURTHER ORDERED that the schedule for respondents’ answer is vacated. The 6 Court will set a new deadline for the answer, if necessary, after the matter of petitioner’s current 7 address is resolved. 8 9 Dated this 6th day of March, 2018. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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