Oliver v. Clark County Dentetion Center Medical

District Court, D. Nevada

Oliver v. Clark County Dentetion Center Medical

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 MICHAEL DESHAWN OLIVER, Case No. 2:22-cv-00739-GMN-NJK

6 Petitioner, ORDER

7 v.

8 CLARK COUNTY DETENTION CENTER, 9 et al., 10 Respondents. 11 Petitioner Michael DeShawn Oliver submitted a pro se habeas petition under

28 U.S.C. § 12

2241. (ECF No. 1-1.) Oliver also filed a Motions for Appeal (ECF No. 5) and a Motion that this 13 matter be Placed on the Court’s Calendar (ECF No. 7). On July 24, 2022, the Court denied 14 Oliver’s Application for Leave to Proceed In Forma Pauperis and ordered Oliver to pay the 15 standard filing fee by September 7, 2022 (ECF No. 8). The Order warned Oliver that his failure 16 to pay the standard filing fee would result in the dismissal of the petition without prejudice and 17 without further advance notice. (Id.) Oliver has not paid the filing fee. 18 In addition, the U.S. Postal Service returned court mail from Oliver’s last address. (ECF 19 No. 9.) The Local Rules of Practice require all parties, including habeas petitioners, to 20 immediately file with the Court written notice of any change of address. LR IA 3-1, LR 2-2. The 21 Local Rules also warn that failure to comply may result in dismissal of the action, with or 22 without prejudice, or other sanctions as the Court deems appropriate.

Id.

See also Cary v. King, 23

856 F.2d 1439, 1441

(9th Cir. 1988) (“A party, not the district court, bears the burden of keeping 24 /// 25 /// 26 /// 27 /// 28 /// 1 the court apprised of any changes in his mailing address.”). 2 IT IS THEREFORE ORDERED that: 3 1. Oliver’s Petition for Writ of Habeas Corpus (ECF No. 1-1) is DISMISSED 4 WITHOUT PREJUDICE based on his failure to comply with the Court’s Order 5 (ECF No. 8) or the Local Rules of Practice. 6 2. The Clerk of Court is directed to ENTER FINAL JUDGMENT and CLOSE THIS 7 CASE. 8 DATED: September 20, 2022

9 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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