Byars v. Williams et al

Filing 42

ORDER that this action is DISMISSED; the petitioner is denied a certificate of appealability; Clerk directed to enter judgment. Signed by Judge Robert C. Jones on 4/16/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL DWAYNE BYARS,

Case No. 3:15-cv-00388-RCJ-VPC
Petitioner,

ORDER

v.

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BRYAN WILLIAMS, SR., et al.,
Respondents.

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In this habeas corpus action, brought pro se by Michael Dwayne Byars, the Court

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entered an order on January 29, 2018, ruling on the respondents’ motion to dismiss, and

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dismissing one of Byars’ claims (ECF No. 39).

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The address that the Court currently has for Byars is 1001 N. 4th St., Las Vegas

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NV, 89101. See Notice of Change of Address, filed June 12, 2017 (ECF No. 34). The

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Clerk of the Court sent a copy of the January 29, 2018, order to Byars at the Las Vegas

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address that he has provided to the Court; however, on March 5, 2018, the copy of the

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order sent to Byars was received back at the Court, with indications that it was not

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deliverable, and that it could not be forwarded (ECF No. 40).

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Local Rule LR IA 3-1 states that a pro se litigant must immediately file written notice

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of any change of mailing address, and that “[f]ailure to comply with this rule may result in

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the dismissal of the action....” LR IA 3-1.

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Therefore, on March 6, 2018, the Court entered an order (ECF No. 41) requiring

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Byars to either file a notice confirming that his address is 1001 N. 4th St., Las Vegas NV,

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89101, or file a notice of change of address stating his new address. The Court granted

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Byars 30 days to file one of the two notices. See Order entered March 6, 2018 (ECF No.

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41). The Court ordered that if Byars failed to comply, this case would be dismissed

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pursuant to LR IA 3-1.

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Byars did not file a notice regarding his address as required by the March 6, 2018,

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order, and he did not take any other action. Therefore, this action will be dismissed

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pursuant to LR IA 3-1.

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IT IS THEREFORE ORDERED that this action is DISMISSED.

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IT IS FURTHER ORDERED that the petitioner is denied a certificate of

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appealability.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly.

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16th day of April, 2018.
DATED THIS ___ day of ______________________, 2018.

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ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE

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