Silva v. State of Nevada et al

Filing 5

ORDER - Plaintiff's IFP application for inmate (ECF No. 1 ) is denied as moot because he is no longer incarcerated. Full $402 filing fee or a completed IFP application for non-inmates is due by 3/8/2024. Plain tiff must file his updated address with the Court by 3/8/2024. Clerk will send Plaintiff the approved form application to proceed in forma pauperis for non-inmates and instructions. (Form attached hereto for distribution to P via NNCC law library.) Signed by Magistrate Judge Craig S. Denney on 2/7/2024. (Attachments: # 1 Non-Inmate IFP)(Copies have been distributed pursuant to the NEF - DRM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 RONALD C. SILVA, 4 5 6 Case No. 3:23-cv-00419-LRH-CSD Plaintiff ORDER v. STATE OF NEVADA, et al., 7 Defendants 8 9 According to the Nevada Department of Corrections inmate database, Plaintiff is 10 no longer incarcerated. But Plaintiff has not filed his updated address with the Court. And 11 Plaintiff’s mail has been returned as undeliverable, noting that he was paroled in October 12 2023. (ECF No. 4). Nevada Local Rule of Practice IA 3-1 provides that a “pro se party 13 must immediately file with the court written notification of any change of mailing address, 14 email address, telephone number, or facsimile number.” “Failure to comply with this rule 15 may result in the dismissal of the action, entry of default judgment, or other sanctions as 16 deemed appropriate by the court.” Nev. L.R. IA 3-1. 17 18 It is therefore ordered that Plaintiff’s application to proceed in forma pauperis for inmate (ECF No. 1) is denied as moot because he is no longer incarcerated. 19 It is further ordered that on or before March 8, 2024, Plaintiff must either pay the 20 full $402 filing fee for this action or file a completed application to proceed in forma 21 pauperis for non-inmates. 22 23 It is further ordered that on or before March 8, 2024, Plaintiff must file his updated address with the Court. 24 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 25 he fails to timely comply with this order. Dismissal without prejudice allows Plaintiff to 26 refile his case with the Court, under a new case number, when he can provide his updated 27 address and either pay the required filing fee or apply for in forma pauperis status for non- 28 inmates. 1 It is further ordered that the Clerk of the Court will send Plaintiff Ronald Silva the 2 approved form application to proceed in forma pauperis for non-inmates and the 3 document titled information and instructions for filing an in forma pauperis application. 4 5 DATED THIS 7th day of February 2024. 6 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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