Opinion
3:16-cv-00326-MMD-VPC
01-25-2017
RICKY L. MINCHEW, Plaintiff, v. KYLE WALT et al., Defendants.
ORDER
I. DISCUSSION
According to the Nevada Department of Corrections ("NDOC") inmate database, Plaintiff is no longer incarcerated. In June 2016, Plaintiff filed a change of address notification with the Court. (ECF No. 3). However, the Court has received mail as undeliverable to Plaintiff at that address. (ECF No. 4).
The Court notes that pursuant to Nevada Local Special Rule 2-2, "[t]he plaintiff must immediately file with the court written notification of any change of address. 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 dismissal of the action with prejudice." Nev. Loc. Special R. 2-2. This Court grants Plaintiff until Friday, February 24, 2017 to file his updated address with this Court. If Plaintiff does not update the Court with his current address on or before Friday, February 24, 2017, the Court will dismiss this action without prejudice.
Additionally, the Court denies the application to proceed in forma pauperis for prisoners (ECF No. 1) as moot because Plaintiff is no longer incarcerated. The Court now directs Plaintiff to file an application to proceed in forma pauperis by a non-prisoner on or before Friday, February 24, 2017 or pay the full filing fee of $400.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff shall file his updated address with the Court on or before Friday, February 24, 2017.
IT IS FURTHER ORDERED that Plaintiff's application to proceed in forma pauperis for prisoners (ECF No. 1) is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that on or before Friday, February 24, 2017, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the full filing fee of $400.
IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, the Court shall dismiss this case without prejudice.
DATED: This 25th day of January, 2017.
/s/_________
United States Magistrate Judge