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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

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6 CARLOS SALCIDO, Case No. 3:17-cv-00280-MMD-CBC

7 Petitioner, ORDER v. 8 BAKER, et al., 9 Respondents. 10 11 This habeas matter is before the court on Petitioner Carlos Salcido’s failure to 12 comply with the Court’s Order (ECF No. 35) instructing him to update his address within 13 30 days. The U.S. Postal Service has returned court mail from the last institutional 14 address provided by Petitioner with a notation indicating that he no longer is at the 15 institution and has been paroled. See Mail Returned Undeliverable (ECF Nos. 34, 36). 16 The inmate locator tool on the Nevada Department of Corrections’ (“NDOC”) website 17 similarly reflects that Petitioner has been released.1 18 The Local Rules of Practice require all parties, including habeas petitioners, to 19 immediately file with the court written notice of any change of address. See LR IA 3-1, 20 LR 2-2. The Local Rules also warn that failure to comply may result in dismissal of the 21 action, with or without prejudice, or other sanctions as the court deems appropriate. See 22 id.; see also Carey v. King,

(9th Cir. 1988) (“A party, not the district 23 court, bears the burden of keeping the court apprised of any changes in his mailing 24 address.”). 25 On July 16, 2019, the Court ordered Petitioner to update his address within 30 26 days. (ECF No. 35.) The Court further warned Petitioner that a failure to timely update his

27 1The inmate locator tool may be accessed by the public online at: 1 address would result in the dismissal of his petition without prejudice and without further 2 advance notice. To date, Petitioner has not filed a notice of change of address or taken 3 any other action to prosecute this case. 4 It is therefore ordered that this action is dismissed without prejudice based on 5 Petitioner’s failure to comply with the Court’s order or the Local Rules. 6 It is further ordered that Respondents’ second Motion for Enlargement of Time to 7 File Answer to Remaining Claims (ECF No. 37) is denied as moot. 8 The Clerk of Court is directed to enter final judgment accordingly and close this 9 case. 10 DATED THIS 23rd day of August 2019.

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12 MIRANDA M. DU 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27