Barren v. Roger et al

Filing 38

ORDER that the 24 Order dated 4/4/2012 is amended and plaintiff shall have 30 days to file an amended complaint that resolves the deficiencies noted in the Court's prior Order granting Defendants' Motion to Dismiss. Failure to do so will result in dismissal with prejudice. Signed by Judge Roger L. Hunt on 10/7/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GREGORY D. BARREN, SR.,

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Plaintiff,
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vs.
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DAVID ROGER, District Attorney; OFFICER )
T. ROBINSON, P# 7466; OFFICER R. KENT, )
P# 6179; OFFICER D. SHANE, P# 6727,
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Defendants.
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_______________________________________

Case No.: 2:11-cv-00650-RLH-CWH
ORDER

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In its Order dated January 19, 2012, the Court granted Defendants David Roger,

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Officer T. Robinson, Officer R. Kent, and Officer D. Shane’s Motion to Dismiss, dismissing the

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Plaintiff’s Complaint without prejudice. On February 13, 2012, Plaintiff brought a “Request for

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Reinstatement,” which the Court construed as a Motion for Reconsideration and subsequently

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denied. Plaintiff appealed that Order, and the Ninth Circuit determined that the request should

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have been construed as one for Leave to Amend and remanded for consideration.

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The court has discretion to grant leave and should freely do so “when justice so

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requires.” Fed. R. Civ. P. 15(a)(2); see also Allen v. City of Beverly Hills, 911 F.2d 367, 373 (9th

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Cir. 1990). Upon review, the Court finds the deficiencies in Plaintiff’s Complaint may be cured by

AO 72
(Rev. 8/82)

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the addition of allegations not inconsistent with the current pleading. Accordingly, the Court’s

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Order dated April 4, 2012 is amended, and plaintiff shall have thirty (30) days to file an amended

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Complaint that resolves the deficiencies noted in the Court’s prior Order granting Defendants’

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Motion to Dismiss. Failure to do so, however, will result in dismissal with prejudice.

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IT IS SO ORDERED.

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Dated: October 7, 2013.

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____________________________________
ROGER L. HUNT
United States District Judge

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AO 72
(Rev. 8/82)

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