Erickson v. Benedetti, et al, No. 3:2009cv00085 - Document 23 (D. Nev. 2010)

Court Description: ORDER DISMISSING CASE. IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. A certificate of appealability is denied. FURTHER ORDERED, all pending motions ( 15 & 20 ) are DENIED without prejudice as moot. Respondents need not file the additional exhibits that are the subject of the extension 20 motion. The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Larry R. Hicks on 7/14/2010. (Copies have been distributed pursuant to the NEF - KO)
Download PDF
Erickson v. Benedetti, et al Doc. 23 1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 RYATT DALE ERICKSON, Petitioner, 9 10 3:09-cv-00085-LRH-VPC ORDER vs. 11 12 13 JIM BENEDETTI, et al., Respondents. 14 15 Court mail sent to the last institutional address given by petitioner has been returned with a 16 notation that petitioner has been paroled and no longer is in custody at the institution. As petitioner has 17 failed to comply with Local Rule LSR 2-2, which requires him to immediately file a written notification 18 of any change in address, this action will be dismissed without prejudice. 19 20 IT THEREFORE IS ORDERED that this action is DISMISSED without prejudice. A certificate of appealability is denied. 21 IT FURTHER IS ORDERED that all pending motions (## 15 & 20) are DENIED without 22 prejudice as moot. Respondents need not file the additional exhibits that are the subject of the extension 23 motion (#20). 24 The Clerk shall enter final judgment accordingly, dismissing this action without prejudice. 25 DATED this 14th day of July, 2010. 26 27 28 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE Dockets.Justia.com