Street v. Baca et al

Filing 29

ORDER that the Clerk must send Plaintiff a copy of the motion for summary judgment (ECF No. 23 ), supporting declarations and exhibits (ECF Nos. 23 -1 to 23 -12), sealed medical records (ECF Nos. 25 , 25 -1, 25 -2, 25 -3), pending motion for l eave to file medical records under seal (ECF No. 24 ), and Klingele Order (ECF No. 27 ). Plaintiff's response to ECF No. 23 motion for summary judgment due by 3/13/2018. All copies mailed to P on 2/20/2018. Signed by Magistrate Judge William G. Cobb on 2/20/2018. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

CHRISTOPHER I. STREET,

7

Plaintiff,

8
9

Case No. 3:16-cv-00266-RCJ-WGC
ORDER

v.
ISIDRO BACA, et. al.,

10

Defendants.

11
12

Plaintiff Christopher I. Street was an inmate within the Nevada Department of Corrections

13

(NDOC) when he filed his pro se civil rights action pursuant to 42 U.S.C. § 1983. According to

14

Defendants, Plaintiff was discharged from NDOC in June of 2017. On July 7, 2017, Plaintiff filed

15

a notice of change of address. (ECF No. 22.) Defendants filed their motion for summary judgment

16

on October 5, 2017; however, it was served at the Warm Springs Correctional Center (WSCC)

17

address, and not the new address of record. (See ECF No. 23 at 15.)

18

The Klingele order (ECF No. 27), and an order granting Plaintiff an extension of time to

19

file his opposition (ECF No. 28) were served on Plaintiff at the address listed in ECF No. 22, and

20

Plaintiff still has not filed anything with the court indicating an intent to continue prosecuting this

21

action. Nevertheless, Plaintiff should have been served with the motion for summary judgment

22

and supporting exhibits at his address of record.

23

Therefore, the Clerk shall SEND Plaintiff (at the address listed in ECF No. 22) a copy of

24

the motion for summary judgment (ECF No. 23), supporting declarations and exhibits (ECF Nos.

25

23-1 to 23-12), sealed medical records (ECF Nos. 25, 25-1, 25-2, 25-3), as well as the pending

26

motion for leave to file medical records under seal (ECF No. 34). The Clerk shall also SEND

27

Plaintiff a copy of the Klingele order set forth at ECF No. 27

28

///

1
2

Plaintiff will then have TWENTY-ONE DAYS from the date of this Order to file and
serve his response to the motion for summary judgment.

3

IT IS SO ORDERED.

4

DATED: February 20, 2018.

5
6
7

__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-