Stevenson v. Williams et al

Filing 3

ORDER that Plaintiff shall file his updated address with the Court by 2/14/2019; Plaintiff's s application to proceed in forma pauperis for prisoners (ECF No. 1 ) is DENIED as moot; Clerk SHALL SEND Plaintiff the approved a pplication to proceed in forma pauperis by a non-prisoner and instructions (Attached hereto for distribution); Fully complete IFP application or $400 filing fee due by 2/14/2019; if Plaintiff fails to timely comply with this order, the Court shall dismiss this case without prejudice. Signed by Magistrate Judge William G. Cobb on 1/15/2019. (Attachments: # 1 IFP for non-inmate with instructions)(Copies have been distributed pursuant to the NEF - LH)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JOSEPH STEVENSON, 4 Plaintiff 5 6 Case No. 3:18-cv-00148-RCJ-WGC ORDER v. BRIAN WILLIAMS, et al., 7 Defendants 8 9 I. DISCUSSION 10 According to the Nevada Department of Corrections (“NDOC”) inmate database, 11 Plaintiff is no longer incarcerated. However, Plaintiff has not filed an updated address 12 with this Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, 13 a “pro se party must immediately file with the court written notification of any change of 14 mailing address, email address, telephone number, or facsimile number. The notification 15 must include proof of service on each opposing party or the party’s attorney. Failure to 16 comply with this rule may result in the dismissal of the action, entry of default judgment, 17 or other sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court 18 grants Plaintiff thirty (30) days from the date of entry of this order to file his updated 19 address with this Court. If Plaintiff does not update the Court with his current address 20 within thirty (30) days from the date of entry of this order, the Court will dismiss this action 21 without prejudice. 22 Additionally, the Court denies the application to proceed in forma pauperis for 23 prisoners (ECF No. 1) as moot because Plaintiff is no longer incarcerated. The Court 24 now directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner 25 within thirty (30) days from the date of this order or pay the full filing fee of $400. 26 II. 27 28 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. 1 2 IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis for prisoners (ECF No. 1) is DENIED as moot. 3 IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the 4 approved form application to proceed in forma pauperis by a non-prisoner, as well as the 5 document entitled information and instructions for filing an in forma pauperis application. 6 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 7 Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for 8 non-prisoners; or (2) pay the full filing fee of $400. 9 10 11 IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, the Court shall dismiss this case without prejudice. DATED: January 15, 2019. 12 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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