M'wanza v. Byrna et al

Filing 7

AMENDED ORDER that Plaintiff shall file his updated address with the Court by 10/18/2017; Plaintiff's application to proceed in forma pauperis ECF No. 3 is DENIED as moot; Clerk SHALL SEND Plaintiff the approve form application to proceed in forma pauperis and information and instruction for same (sent to P via NNCC law library on 09/18/2017); Plaintiff to either (1) file a fully complete application to proceed in forma pauperis or (2) pay the full filing fee of $400; if Plaintif f fails to timely comply with this order, the Court shall dismiss this case without prejudice; Plaintiff's motion for disposition ECF No. 4 is DENIED as moot. Signed by Magistrate Judge William G. Cobb on 09/18/2017. (Attachments: # 1 IFP Instructions, # 2 IFP Form)(Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TACUMA J. M’WANZA,

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Plaintiff,

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v.

3:16-cv-00590-MMD-WGC
AMENDED ORDER

Q. BYRNE, et al.,

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Defendants.

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I.

DISCUSSION

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

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Plaintiff is no longer incarcerated at the Northern Nevada Correctional Center. Plaintiff

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has not filed an updated address with this Court. The Court notes that pursuant to

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Nevada Local Rule of Practice IA 3-1, a “pro se party must immediately file with the

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court written notification of any change of mailing address ... Failure to comply with this

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rule may result in the dismissal of the action, entry of default judgment, or other

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sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court grants

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Plaintiff thirty (30) days from the date of entry of this order to file his updated address

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with this Court. If Plaintiff does not update the Court with his current address within

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thirty (30) days from the date of entry of this order, the Court will dismiss this action

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without prejudice.

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The Court denies the application to proceed in forma pauperis for prisoners (ECF

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No. 3) as moot because Plaintiff is no longer incarcerated. The Court now directs

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Plaintiff to file an application to proceed in forma pauperis by a non-prisoner within thirty

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(30) days from the date of this order or pay the full filing fee of $400.

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Additionally, the Court denies as moot Plaintiff’s motion for disposition (ECF No.

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4). Plaintiff’s civil rights complaint is in line for screening and will be screened in due

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course.

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II.

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

address with the Court within thirty (30) days from the date of this order.
IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma
pauperis for prisoners (ECF No. 3) is DENIED as moot.

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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

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the document entitled information and instructions for filing an in forma pauperis

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application.

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IT IS FURTHER ORDERED that within thirty (30) days from the date of this

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order, Plaintiff shall either: (1) file a fully complete application to proceed in forma

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pauperis for non-prisoners; or (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.
IT IS FURTHER ORDERED that Plaintiff’s motion for disposition (ECF No. 4) is
DENIED as moot.
DATED: This 18th day of September, 2017.

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_________________________________
United States Magistrate Judge

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