Shannon v. Baca et al

Filing 3

ORDER that plaintiff to file updated address with Court by 12/13/2017; ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED as moot; Clerk directed to SEND Plaintiff instruction and approved form appl ication to proceed in forma pauperis (attached and sent to P via NNCC Law Library); Plaintiff to file fully complete application or pay the full filing fee of $400 by 12/13/2017. Signed by Magistrate Judge William G. Cobb on 11/13/2017. (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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NICK R. SHANNON,

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Plaintiff,

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v.

3:16-cv-00740-MMD-WGC

ISIDRO BACA, et al.,

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ORDER
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. Plaintiff has not filed an updated address with this

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Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se

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party must immediately file with the court written notification of any change of mailing

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address ... Failure to comply with this rule may result in the dismissal of the action, entry

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of default judgment, or other sanctions as deemed appropriate by the court.” Nev. Loc.

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R. IA 3-1. This Court grants Plaintiff thirty (30) days from the date of entry of this order to

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file his updated address with this Court. If Plaintiff does not update the Court with his

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current address within thirty (30) days from the date of entry of this order, the Court will

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dismiss this action without prejudice.

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

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No. 1) as moot because Plaintiff is no longer incarcerated. The Court now directs Plaintiff

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to file an application to proceed in forma pauperis by a non-prisoner within thirty (30) days

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from the date of this order or pay the full filing fee of $400.

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///

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II.

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. 1) 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 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 within thirty (30) days from the date of this order,

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

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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.

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DATED: This 13th day of November, 2017.

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_________________________________
United States Magistrate Judge

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