Percy Lavae Bacon v. Stephen C. Webster, et al

Filing 19

ORDER Denying 16 Motion to Amend/Correct Complaint; Denying 17 Motion for Stipulation to Extend Time; and Denying 18 Motion to Instruct the Clerk to Furnish Plaintiff with Six File-Stamped Copies of Amended Complaint. Signed by Judge Philip M. Pro on 11/29/10. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** PERCY LAVAE BACON, Plaintiff, vs. RANDY LAWELL, STEPHEN C. WEBSTER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 2 :05-CV-01267-PMP-GWF ORDER

On January 26, 2006, this Court entered an Order (Doc. #9) granting Defendants' Motion to Dismiss Plaintiff's Complaint. On February 22, 2006, the Court entered judgment in favor of Defendants and against Plaintiff (Doc. #10). No appeal was taken by Plaintiff Bacon from the ruling of this Court dismissing his Complaint. Nearly, five years later, on November 19, 2010, Plaintiff Bacon filed the following three Motion's: (Doc. #16) Motion to Amend/Correct Complaint; (Doc. #17) Motion for Stipulation to Extend Time Beyond the Five Year Statute of Limitations to Bring a Matter to Trial; and (Doc. #18) Motion for an Order to Instruct the Clerk to Furnish Plaintiff with Six File-Stamped Copies of Amended Complaint. Having read and considered the foregoing, the Court finds the above Motions are not appropriately filed in this action which has been closed for nearly a half of

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decade. If Plaintiff Bacon believes he has a basis for filing a new lawsuit, he certainly may attempt to do so. However, trying to amend the complaint in a case which was dismissed in January 2006 is inappropriate. IT IS THEREFORE ORDERED that Plaintiff Percy Bacon's Motion to Amend/Correct Complaint (Doc. #16), Motion for Stipulation to Extend Time Beyond the Five Year Statute of Limitations to Bring a Matter to Trial (Doc. #17), and Motion for an Order to Instruct the Clerk to Furnish Plaintiff with Six FileStamped Copies of Amended Complaint (Doc. #18) are DENIED. DATED: November 29, 2010.

PHILIP M. PRO United States District Judge

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