Brown v. Baze et al

Filing 15

ORDER - Plaintiff will file his updated address with the Court within thirty (30) days from the date of this order. Plaintiff's application to proceed in forma pauperis for prisoners (ECF No. 5 ) is denied as moot. Clerk w ill send Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner including the information and instructions for the same (attached hereto for distribution to Plaintiff by LCC). Within thirty (30) days from the date of this order, Plaintiff will 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 fails to timely comply with this order, this case will be subject to dismissal. Signed by Magistrate Judge William G. Cobb on 1/6/2021. (Attachments: # 1 Application to Proceed In Forma Pauperis) (Copies have been distributed pursuant to the NEF - AB)

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Case 3:19-cv-00684-APG-WGC Document 15 Filed 01/06/21 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DARREN BROWN, Case No. 3:19-cv-00684-APG-WGC 4 Plaintiff 5 6 ORDER v. BAZE, 7 Defendants 8 9 I. DISCUSSION 10 According to the Nevada Department of Corrections (“NDOC”) inmate database, 11 Plaintiff is no longer incarcerated by the NDOC. However, Plaintiff has not filed an 12 updated address with this Court. The Court notes that pursuant to Nevada Local Rule of 13 Practice IA 3-1, a “pro se party must immediately file with the court written notification of 14 any change of mailing address, email address, telephone number, or facsimile number. 15 The notification must include proof of service on each opposing party or the party’s 16 attorney. Failure to comply with this rule may result in the dismissal of the action, entry of 17 default judgment, or other sanctions as deemed appropriate by the court.” Nev. Loc. R. 18 IA 3-1. This Court grants Plaintiff thirty (30) days from the date of entry of this order to 19 file his updated address with this Court. If Plaintiff does not update the Court with his 20 current address within thirty (30) days from the date of entry of this order, this case will 21 be subject to dismissal without prejudice. This information must be formally filed with the 22 Court in addition to providing the courtroom deputy with contact information as previously 23 ordered by the Court (ECF No. 13). 24 Additionally, the Court denies the application to proceed in forma pauperis for 25 prisoners (ECF No. 5) as moot because it appears that Plaintiff is no longer incarcerated. 26 The Court now directs Plaintiff to file an application to proceed in forma pauperis by a 27 non-prisoner within thirty (30) days from the date of this order or pay the full filing fee of 28 $400. Case 3:19-cv-00684-APG-WGC Document 15 Filed 01/06/21 Page 2 of 2 1 2 3 4 5 II. CONCLUSION For the foregoing reasons, IT IS ORDERED that Plaintiff will 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 for prisoners (ECF No. 5) is DENIED as moot. 6 IT IS FURTHER ORDERED that the Clerk of the Court WILL SEND Plaintiff the 7 approved form application to proceed in forma pauperis by a non-prisoner, as well as the 8 document entitled information and instructions for filing an in forma pauperis application. 9 IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, 10 Plaintiff will either: (1) file a fully complete application to proceed in forma pauperis for 11 non-prisoners; or (2) pay the full filing fee of $400. 12 13 14 IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, this case will be subject to dismissal. DATED: January 6, 2021. 15 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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