Thomas v. McDaniel et al

Filing 4

ORDER that Plaintiff file his updated address with the Court by 07/18/2018; Plaintiff's application to proceed in forma pauperis for prisoners ECF No. 3 is DENIED as moot; Clerk directed to SEND plaintiff instructions an d approved form application to proceed in forma pauperis by a non-prisoner (mailed to p on 06/18/2018); plaintiff to either: (1) file a fully complete I.F.P. application for non-prisoner; or (2) pay the full filling fee of $400; if Plaint iff does not timely comply with this order, dismissal of this action may result; Clerk directed to retain the complaint ECF No. 1 -1, but shall not file at this time. Signed by Magistrate Judge William G. Cobb on 6/18/2018. (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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***

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CHRISTOPHER THOMAS,

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Case No. 3:17-cv-00472-MMD-WGC
Plaintiff,

ORDER

v.
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E.K. MCDANIEL, et al.,
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Defendants.
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I.

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

Plaintiff is no longer incarcerated at Ely State Prison and has been released from the
custody of the NDOC. Plaintiff has not filed an updated address notification with the
Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se
party must immediately file with the court written notification of any change of mailing
address, email address, telephone number, or facsimile number. The notification must
include proof of service on each opposing party or the party’s attorney. Failure to comply
with this rule may result in the dismissal of the action, entry of default judgment, or other
sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court grants
Plaintiff thirty (30) days from the date of entry of this order to file his updated address with
this Court. If Plaintiff does not update the Court with his current address within thirty (30)

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days from the date of entry of this order, the Court will dismiss this action without
prejudice.

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In addition, Plaintiff submitted an application to proceed in forma pauperis for
prisoners. (ECF No. 3). The Court now directs Plaintiff to file an application to proceed
in forma pauperis by a non-prisoner within thirty (30) days from the date of this order or
pay the full filing fee of $400. The Court will retain Plaintiff’s civil rights complaint (ECF
No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved.
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. If Plaintiff fails to timely
comply with this order, the Court shall dismiss this case without prejudice.
IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis
for prisoners (ECF No. 3) is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the
approved form application to proceed in forma pauperis by a non-prisoner, as well as the
document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that within thirty (30) days from the date of this order,
Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for
non-prisoners; or (2) pay the full filing fee of $400. If Plaintiff does not timely comply with
this order, dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint
(ECF No. 1-1), but shall not file it at this time.
DATED : June 18, 2018.

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UNITED STATES MAGISTRATE JUDGE

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