Bank v. Hastings ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 STEVEN J. BANK, Case No. 2:21-cv-02007-GMN-DJA 10 Petitioner, ORDER 11 v. 12 MARTIN D. HASTINGS, 13 Respondent. 14 15 Steven J. Bank filed a pro se 28 U.S.C. § 2254 habeas corpus petition on 16 November 5, 2021 (ECF No. 1). On November 29, 2021, the advisory letter the court 17 sent to Bank via U.S. Mail at his address of record was returned to the court with the 18 notation “return to sender no longer in custody” (see ECF No. 3). Bank has failed to 19 comply with local rules and file a notice of change of address. LR IA 3-1. Accordingly, 20 this action is dismissed for failure to update address.1 21 22 23 24 25 26 1 The court notes that Bank states that he was a pretrial detainee and indicated on the face of the petition that he 27 raised the claims he seeks to bring here to the Las Vegas Municipal Court in October 2021. Thus, he cannot have exhausted his state-court remedies prior to filing this petition with this court. See Rose v. Lundy, 455 U.S. 509 (1982) 1 IT IS THEREFORE ORDERED that the petition is DISMISSED. 2 IT IS FURTHER ORDERED that a certificate of appealability is denied. 3 IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and close 4 this case. 5 DATED: 2 December 2021. 6 7 8 GLORIA M. NAVARRO 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27