Aguirre v. Icenberg

Filing 9

ORDER - Clerk shall send a copy of the Court's screening order and the attachments (ECF Nos. 6 , 6 -1, 6 -2) to Plaintiff at HDSP. (Ad hoc email service of instant Order, and ECF No. 6, to P at HDSP.) Plaintiff will file his updat ed address with the Court within 30 days from the date of this order (12/21/2022). If Plaintiff fails to timely comply with this order, this case will be subject to dismissal without prejudice. The Court extends the deadline for Plaintiff to file a second amended complaint until December 23, 2022. Signed by Magistrate Judge Carla Baldwin on 11/21/2022. (Attachments: # 1 ECF No. 6 for Plaintiff at HDSP)(Copies have been distributed pursuant to the NEF - DRM)

Case 3:22-cv-00296-ART-CLB Document 9 Filed 11/21/22 Page 1 of 2
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
ADRIAN AGUIRRE,

Case No.: 3:22-cv-00296-ART-CLB

Plaintiff,
v.

ORDER
(ECF No. 1)

ICENBERG,
Defendant.
I.

DISCUSSION
On October 11, 2022, the Court screened Plaintiff’s first amended complaint under

42 U.S.C. § 1983. The Court allowed some claims to proceed and dismissed other claims
without prejudice and with leave to amend. (Id.) However, the Court’s order came back
as undeliverable. (ECF No. 8.) The last address that Plaintiff provided to the Court is Ely
State Prison (“ESP”). Based on Nevada Department of Correction (“NDOC”) records, it
appears that Plaintiff is currently housed at High Desert State Prison (“HDSP”). The Court
will direct the Clerk of Court to send a copy of the Court’s screening order, and the
attachments, to Plaintiff at HDSP. The Court will also extend the deadline for Plaintiff to
file a second amended complaint until December 23, 2022.
The Court notes that pursuant to Nevada Local Rule of Practice IA 3-1, a “pro se
party must immediately file with the court written notification of any change of mailing
address, email address, telephone number, or facsimile number. The notification must
include proof of service on each opposing party or the party’s attorney. Failure to comply
with this rule may result in the dismissal of the action, entry of default judgment, or other
sanctions as deemed appropriate by the court.” Nev. Loc. R. IA 3-1. The Court will direct
the Clerk of the Court to resend the screening order to the address listed in NDOC’s
records, but Plaintiff must file his updated address with the Court. If Plaintiff does not file
his updated address with the Court within 30 days, this case will be subject to dismissal
without prejudice.

Case 3:22-cv-00296-ART-CLB Document 9 Filed 11/21/22 Page 2 of 2

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II.

CONCLUSION
It is therefore ordered that the Clerk of the Court send a copy of the Court’s

screening order and the attachments (ECF Nos. 6, 6-1, 6-2) to Plaintiff at HDSP.
It is further ordered that Plaintiff will file his updated address with the Court within
30 days from the date of this order.
It is further ordered that, if Plaintiff fails to timely comply with this order, this case
will be subject to dismissal without prejudice.
It is further ordered that the Court extends the deadline for Plaintiff to file a second
amended complaint until December 23, 2022.

DATED THIS 21st day of November 2022

UNITED STATES MAGISTRATE JUDGE

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