Almy v. Davis et al

Filing 215

ORDER Denying without prejudice 209 Motion for Extension of Time to Respond to 203 Order, 210 Motion or Discovery Request Pursuant to 203 Order, and 213 Motion to Stay. Signed by Magistrate Judge Cam Ferenbach on 12/5/2013. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 6 7 8 9 10 2:12-cv-00129-JCM-VCF KEVIN ALMY, Plaintiff, ORDER vs. [Motion #’s 209, 210, 213] D. DAVIS, et al., Defendant. 11 12 13 Before the court are Plaintiff’s Request for Leave to File Motion for Extension of Time to 14 Respond to Doc #203, or in Alternative, Accept this as Motion for Extension (First Request) (#209), 15 Discovery Requests Pursuant to Court Order Doc #203 (#210), and Motion for Stay of District Court 16 Proceedings (#213). 17 On November 1, 2013, Defendant Almy filed a Notice of Appeal unto Order #194. Thereafter 18 he filed Request for Leave to File Motion for Extension of Time to Respond to Doc #203, or in 19 Alternative, Accept this as Motion for Extension (First Request) (#209), Discovery Requests Pursuant to 20 Court Order Doc #203 (#210), and Motion for Stay of District Court Proceedings (#213). 21 Defendant’s Motion for Stay of District Court Proceedings (#213), he asks the Ninth Circuit to stay the 22 case. As Motion #213 requests relief from the Ninth Circuit and not this court, #213 is denied without 23 prejudice. Plaintiff’s Request for Leave to File Motion for Extension of Time to Respond to Doc #203, 24 or in Alternative, Accept this as Motion for Extension (First Request) (#209) and Discovery Requests 25 In 1 Pursuant to Court Order Doc #203 (#210) are denied without prejudice. After the Ninth Circuit rules on 2 the pending appeal, Plaintiff may seek leave to file these motions in accordance to Order #159. 3 Accordingly, 4 IT IS HEREBY ORDERED that Plaintiff’s Request for Leave to File Motion for Extension of 5 Time to Respond to Doc #203, or in Alternative, Accept this as Motion for Extension (First Request) 6 (#209), Discovery Requests Pursuant to Court Order Doc #203 (#210), and Motion for Stay of District 7 Court Proceedings (#213) are DENIED without prejudice. 8 DATED this 5th day of December, 2013. _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

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