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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 11 MICHAEL DWAYNE BYARS, Case No. 3:15-cv-00388-RCJ-VPC Petitioner, ORDER v. 12 13 14 BRYAN WILLIAMS, SR., et al., Respondents. 15 16 In this habeas corpus action, brought pro se by Michael Dwayne Byars, the Court 17 entered an order on January 29, 2018, ruling on the respondents’ motion to dismiss, and 18 dismissing one of Byars’ claims (ECF No. 39). 19 The address that the Court currently has for Byars is 1001 N. 4th St., Las Vegas 20 NV, 89101. See Notice of Change of Address, filed June 12, 2017 (ECF No. 34). The 21 Clerk of the Court sent a copy of the January 29, 2018, order to Byars at the Las Vegas 22 address that he has provided to the Court; however, on March 5, 2018, the copy of the 23 order sent to Byars was received back at the Court, with indications that it was not 24 deliverable, and that it could not be forwarded (ECF No. 40). 25 Local Rule LR IA 3-1 states that a pro se litigant must immediately file written notice 26 of any change of mailing address, and that “[f]ailure to comply with this rule may result in 27 the dismissal of the action....” LR IA 3-1. 28 1 1 Therefore, on March 6, 2018, the Court entered an order (ECF No. 41) requiring 2 Byars to either file a notice confirming that his address is 1001 N. 4th St., Las Vegas NV, 3 89101, or file a notice of change of address stating his new address. The Court granted 4 Byars 30 days to file one of the two notices. See Order entered March 6, 2018 (ECF No. 5 41). The Court ordered that if Byars failed to comply, this case would be dismissed 6 pursuant to LR IA 3-1. 7 Byars did not file a notice regarding his address as required by the March 6, 2018, 8 order, and he did not take any other action. Therefore, this action will be dismissed 9 pursuant to LR IA 3-1. 10 IT IS THEREFORE ORDERED that this action is DISMISSED. 11 IT IS FURTHER ORDERED that the petitioner is denied a certificate of 12 13 14 appealability. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. 15 16 16th day of April, 2018. DATED THIS ___ day of ______________________, 2018. 17 18 ROBERT C. JONES, UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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