Outley v. Russell

Filing 3

ORDERED that Plaintiff will file an updated address with the Clerk of the Court by Friday, September 24, 2021. Plaintiff's IFP application for prisoners (ECF No. 1 ) is denied as moot. Clerk of the Court will send Plaintiff the approved form IFP application by a non-prisoner. (Mailed 9/7/2021.) By Friday, September 24, 2021, 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 $402. Signed by Magistrate Judge Carla Baldwin on 9/7/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:21-cv-00075-MMD-CLB Document 3 Filed 09/07/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALAN M. OUTLEY,

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Plaintiff

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Case No. 3:21-cv-00075-MMD-CLB
ORDER

v.
PERRY RUSSELL,

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Defendant

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I.

DISCUSSION

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According to the Nevada Department of Corrections (“NDOC”) inmate database,

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Plaintiff is no longer incarcerated. However, Plaintiff has not filed an updated address

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with this Court. The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1,

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a “pro se party must immediately file with the court written notification of any change of

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mailing address, email address, telephone number, or facsimile number. The notification

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must include proof of service on each opposing party or the party’s attorney. Failure to

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comply with this rule may result in the dismissal of the action, entry of default judgment,

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or other sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. This Court

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grants Plaintiff until Friday, September 24, 2021, to file his updated address with this

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Court. If Plaintiff does not update the Court with his current address by Friday, September

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24, 2021, this case will be subject to dismissal without 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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by Friday, September 24, 2021, or pay the full filing fee of $402.

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that Plaintiff will file an updated address

with the Clerk of the Court by Friday, September 24, 2021.
It is further ordered that Plaintiff’s application to proceed in forma pauperis for

Case 3:21-cv-00075-MMD-CLB Document 3 Filed 09/07/21 Page 2 of 2

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prisoners (ECF No. 1) is denied as moot.

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It is further ordered that the Clerk of the Court will send Plaintiff the approved form

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application to proceed in forma pauperis by a non-prisoner, as well as the document

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entitled information and instructions for filing an in forma pauperis application.

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It is further ordered that by Friday, September 24, 2021, Plaintiff will either: (1) file

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a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the

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full filing fee of $402.

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It is further ordered that, if Plaintiff fails to timely comply with this order, this case
will be subject to dismissal without prejudice.

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7th
DATED THIS ___ day of September 2021.

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UNITED STATES MAGISTRATE JUDGE

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