Ball v. Equifax Information Services

District Court, D. Nevada

Ball v. Equifax Information Services

Trial Court Opinion

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3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5

6 WILLIAM H. BALL, Case No. 2:24-cv-01449-GMN-NJK 7 Plaintiff(s), REPORT AND RECOMMENDATION 8 v.

9 EQUIFAX INFORMATION SERVICES, 10 Defendant(s). 11 Plaintiff has failed to update his address. See Docket No. 8; see also Docket No. 9. “A 12 party, not the district court, bears the burden of keeping the court apprised of any changes in [her] 13 mailing address.” Carey v. King,

856 F.2d 1439, 1441

(9th Cir. 1988) (per curiam); see also In re 14 Hammer,

940 F.2d 524, 526

(9th Cir. 1991). To that end, the local rules require that litigants 15 immediately file written notification of any change of address, and the local rules expressly warn 16 that failure to do so may result in case-dispositive sanctions. See Local Rule IA 3-1. 17 On January 15, 2025, the Court ordered Plaintiff to update his address by February 5, 2025, 18 and warned that failing to do so may result in dismissal. Docket No. 8 at 1. Despite that warning, 19 Plaintiff has not updated his address. 20 Plaintiff has disobeyed the local rules and the Court’s order requiring prompt updating of 21 a litigant’s address. Plaintiff’s failure to update his address, his disobedience with the local rules, 22 and his disobedience of the Court’s orders are abusive litigation practices that have interfered with 23 the Court’s ability to hear this case, delayed litigation, disrupted the Court’s timely management 24 of its docket, wasted judicial resources, and threatened the integrity of the Court’s orders and the 25 orderly administration of justice. Sanctions less drastic than dismissal are unavailable because 26 Plaintiff has refused to comply with the orders of this Court notwithstanding the warning that case- 27 dispositive sanctions may be imposed. 28 ] Accordingly, in light of the circumstances outlined above, the undersigned RECOMMENDS that this case be DISMISSED without prejudice and that Plaintiff's application 3] to proceed in forma pauperis be DENIED as moot. 4 Dated: February 6, 2025 UA. Nancy J. Koppe’ 6 United States Magistrate Judge 7 8 NOTICE 9 This report and recommendation is submitted to the United States District Judge assigned 10] to this case pursuant to

28 U.S.C. § 636

(b)(1). A party who objects to this report and 11] recommendation must file a written objection supported by points and authorities within fourteen 12|| days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file 13] a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 14] F.2d 1153, 1157 (9th Cir. 1991). 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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