Lash v. Baca et al

Filing 9

ORDERED that Plaintiff shall file his updated address with the Court on or before Friday, February 24, 2017. The motion for extension of time (ECF No. 6 ) is DENIED as moot. Plaintiff's IFP application (ECF No. 7 ) is DENIED as moot. The motion to update address (ECF No. 8 ) is GRANTED. The Clerk shall update Plaintiff's address to Freedom House, 3852 Palos Verdes St., Suite 40, Las Vegas, Nevada 89119. Clerk SHALL SEND Plaintiff the approv ed IFP form with instructions.(Mailed to P at new address on 1/25/2017.) On or before Friday, February 24, 2017, Plaintiff shall either: (1) file a fully complete IFP application for non- prisoners; or (2) pay the full filing fee of $400. Signed by Magistrate Judge William G. Cobb on 1/25/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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ISIDRO BACA et al.,
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Defendants.
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___________________________________ )

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I.

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JOHN LASH,

3:16-cv-00324-MMD-WGC
ORDER

DISCUSSION

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According to the Nevada Department of Corrections (“NDOC”) inmate database,

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Plaintiff is no longer incarcerated. According to Plaintiff’s filing on July 8, 2016, Plaintiff

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expected to be housed at the Freedom House, 3852 Palos Verdes St., Suite 40, Las Vegas,

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Nevada 89119 after July 19, 2016.1 (ECF No. 8 at 2). Plaintiff noted that he would be at the

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Freedom House temporarily. (Id.) The Court takes judicial notice that, in one of Plaintiff’s

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other cases, the Court has received mail as undeliverable when addressed to Plaintiff at the

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Freedom House.2 As such, Plaintiff has not filed an updated address with this Court.

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The Court notes that pursuant to Nevada Local Special Rule 2-2, “[t]he plaintiff must

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immediately file with the court written notification of any change of address. The notification

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must include proof of service on each opposing party or the party’s attorney. Failure to comply

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with this rule may result in dismissal of the action with prejudice.” Nev. Loc. Special R. 2-2.

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This Court grants Plaintiff until Friday, February 24, 2017 to file his updated address with this

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Plaintiff labels his change of address notice as a motion to update his address (ECF
No. 8). The Court grants this motion and directs the Clerk of the Court to update Plaintiff’s
address to Freedom House, 3852 Palos Verdes St., Suite 40, Las Veg as, Nevada 89119.
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See Lash v. Doe, 3:16-cv-00202-RCJ-VPC at ECF No. 9.

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Court. If Plaintiff does not update the Court with his current address on or before Friday,

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February 24, 2017, the Court will dismiss this action without prejudice.

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Additionally, the Court denies the motion for an extension of time to file an application

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to proceed in forma pauperis for prisoners (ECF No. 6) and the application to proceed in forma

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pauperis for prisoners (ECF No. 7) as moot because Plaintiff is no longer incarcerated. The

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Court now directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner

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on or before Friday, February 24, 2017 or pay the full filing fee of $400.

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II.

For the foregoing reasons, IT IS ORDERED that Plaintiff shall file his updated address

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with the Court on or before Friday, February 24, 2017.
IT IS FURTHER ORDERED that the motion for extension of time (ECF No. 6) is

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DENIED as moot.
IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis for

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CONCLUSION

prisoners (ECF No. 7) is DENIED as moot.

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IT IS FURTHER ORDERED that the motion to update address (ECF No. 8) is

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GRANTED. The Clerk of the Court shall update Plaintiff’s address to Freedom House, 3852

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Palos Verdes St., Suite 40, Las Vegas, Nevada 89119.

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IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the

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approved form application to proceed in forma pauperis by a non-prisoner, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before Friday, February 24, 2017, Plaintiff shall

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either: (1) file a fully complete application to proceed in forma pauperis for non-prisoners; or

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(2) pay the full filing fee of $400.

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IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, the
Court shall dismiss this case without prejudice.
DATED: January 25, 2017.

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_________________________________
United States Magistrate Judge

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