Speech v. Burchett

Filing 14

ORDER that Plaintiff shall file his updated address with the Court by 2/22/2019; Plaintiff's IFP Application (ECF No. 1 ) is DENIED as moot; the Clerk SHALL SEND Plaintiff the approved IFP form by a non-prisoner and instructions ( Mailed to P on 1/23/2019); Fully complete IFP application or $400 filing fee due by 2/22/2019;, if Plaintiff fails to timely comply with this order, the Court shall dismiss this case with prejudice. Signed by Magistrate Judge William G. Cobb on 1/23/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LATRELL SPEECH,

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Plaintiff

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Case No. 3:17-cv-00713-MMD-WGC
ORDER

v.
SCOTT BURCHETT et al.,

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Defendants

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I.

DISCUSSION

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Plaintiff has not maintained an updated address with the Court. The Court has

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received two pieces of mail returned as undeliverable to Plaintiff. (ECF Nos. 11, 13). The

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

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immediately file with the court written notification of any change of mailing address, email

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address, telephone number, or facsimile number. The notification must include proof of

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service on each opposing party or the party’s attorney. Failure to comply with this rule

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

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

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(30) days from the date of entry of this order to file his updated address with this Court.

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If Plaintiff does not update the Court with his current address within thirty (30) days from

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the date of entry of this order, the Court will dismiss this action with prejudice.

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Additionally, the Court denies the application to proceed in forma pauperis for

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prisoners (ECF No. 1) as moot because Plaintiff is no longer incarcerated. The Court

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

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

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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

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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 with prejudice.

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DATED: January 23, 2019.

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UNITED STATES MAGISTRATE JUDGE

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