McDougald v. McKenzie

Filing 26

ORDER dismissing without prejudice this action; directing Clerk to enter judgment and close case. Signed by Chief Judge Miranda M. Du on 11/16/2020. (Copies have been distributed pursuant to the NEF - KR)

Case 3:19-cv-00361-MMD-WGC Document 26 Filed 11/16/20 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TYRONE MCDOUGALD,

Case No. 3:19-cv-00361-MMD-WGC
Plaintiff,

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v.

ORDER

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JASON MCKENZIE, et al.,
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Defendants.
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Pro se Plaintiff Tyrone McDougald brought this action under 42 U.S.C. § 1983.

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(ECF No. 12.) After several documents were returned as undeliverable, the Court ordered

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Plaintiff to file his updated address with the Court—in compliance with LR IA 3-1—within

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30 days. (ECF No. 21.) The Court explicitly stated in that order that, “if Plaintiff fails to

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timely comply with this order, the Court will dismiss this case without prejudice.” (Id.) More

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than 30 days have elapsed, but Plaintiff has not filed his updated address. “Pursuant to

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Federal Rule of Civil Procedure 41(b), the district court may dismiss an action for failure

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to comply with any order of the court.” Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.

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1992); see also Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (affirming dismissal

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for failure to update address per the district court’s local rules). And as a function of that

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power in this case, the Court will dismiss Plaintiff’s case without prejudice because Plaintiff

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has not timely updated his address, despite the Court’s order that he must.

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It is therefore ordered that this case is dismissed without prejudice.

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

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DATED THIS 16th Day of November 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE