Fields v. Dzurenda

Filing 26

ORDER dismissing with prejudice this action; denying a certificate of appealability; directing Clerk to enter judgment accordingly and close case. Signed by Chief Judge Miranda M. Du on 12/3/2019. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEVIN FIELDS,

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Case No. 3:17-cv-00691-MMD-CLB
Petitioner,

ORDER

v.
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JAMES DZURENDA, et al.,
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Respondents.
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Three recent orders have been sent to pro se 28 U.S.C. § 2254 habeas corpus

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petitioner Kevin Fields at High Desert State Prison—his address of record—but have

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been returned by the U.S. Postal Service as undeliverable. (ECF Nos. 18, 19, 23, 24, 25.)

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The Court notes that the Nevada Department of Corrections website reflects that Fields

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expired his sentence about a year ago. Local Rule IA 3-1 requires “an attorney or pro se

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

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address. . . . The notification must include proof of service on each opposing party or the

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party’s attorney. Failure to comply with this rule may result in the dismissal of the action,

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entry of default judgment, or other sanctions. . . .” Because petitioner has failed to file

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written notification of change of address with the Court, the Court will dismiss this action

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with prejudice.

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It is therefore ordered that this action is dismissed with prejudice.

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It is further ordered that a certificate of appealability is denied, as jurists of reason

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would not find the dismissal of the petition to be debatable.

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The Clerk of Court is directed to enter judgment accordingly and close this case.

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DATED THIS 3rd day of December 2019.

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MIRANDA M. DU, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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