1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * *

6 DUSTIN HOWLETT, Case No. 3:23-cv-00405-MMD-CSD

7 Plaintiff, ORDER v. 8 WILLIAM GITTERE, et al., 9 Defendants. 10 11 On August 14, 2023, pro se Plaintiff Dustin Howlett filed a civil-rights complaint 12 under

, alleging that his rights under the Eighth and Fourteenth 13 Amendments were violated while he was incarcerated at Northern Nevada Correctional 14 Center. (ECF No. 1.) Plaintiff has paid the full $402 filing fee for this action. (ECF No. 1- 15 1.) According to the Nevada Department of Corrections inmate database, Plaintiff is no 16 longer incarcerated and has been paroled. Additionally, the Court’s mail to Plaintiff has 17 been returned as undeliverable, stating that Plaintiff was paroled on May 4, 2023, before 18 he filed this action. (ECF Nos. 4, 7.) 19 Considering Plaintiff’s non-incarcerated status and his payment of the filing fee, 20 the Court is not required to screen the complaint under

or 1915A. See 21 Olivas v. Nevada ex rel. Dep’t of Corr.,

(9th Cir. 2017) (holding that 22 “28 U.S.C. § 1915A applies only to claims brought by individuals incarcerated at the time 23 they file their complaints”); see also Lopez v. Smith,

(9th Cir. 24 2000) (recognizing that screening under

(e) applies to actions filed in 25 forma pauperis whether or not the plaintiff is incarcerated). This case will now proceed 26 onto the normal litigation track. Because Plaintiff has paid the full filing fee for this action 27 and has not requested service by the U.S. Marshals Service, see Fed. R. Civ. P. 4(c)(3), 28 Plaintiff is responsible for completing service of the summonses and copies of the 1 || complaint within 90 days from the date of this order. See

(m). And if Plaintiff wishes 2 || to proceed with this action, he must file his updated address with the Court. See LR IA 3- 3 || 1 (providing that a “pro se party must immediately file with the court written notification of 4 || any change of mailing address, email address, telephone number, or facsimile number’). 5 It is therefore ordered that this case will proceed on the normal litigation track. 6 It is further ordered that service must be perfected within 90 days from the date of 7 || this order. 8 It is further ordered that Plaintiff has until 30 days from the date of this order to file 9 || his updated address with the Court. 10 It is further ordered that if Plaintiff fails to timely comply with this order, this action 11 || will be subject to dismissal without prejudice. 12 The Clerk of Court is directed to send a courtesy copy of this order to the Oregon 13 || address listed on Plaintiffs fee-payment check: 8923 SW Chandler Ridge Place, 14 || Terrebonne, OR 97760. 15 DATED THIS 6" Day of September 2023. AGR- 17 MIRANDA M. DU 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28