Huff v. United States of America

Filing 10

ORDER Granting 9 Minute Order regarding request for an extension of time. Amended Complaint deadline is 2/15/2013. Any further extension shall be made by motion rather than letter by 2/15/2013. Signed by Magistrate Judge Peggy A. Leen on 1/16/2013. (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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KEITH HOFF,

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Plaintiff,
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vs.
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UNITED STATES OF AMERICA,
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Defendant.
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__________________________________________)

Case No. 2:12-cv-00235-PMP-PAL
ORDER
(Mtn to Extend - Dkt. #9-1)

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This matter is before the court on Plaintiff Keith Hoff’s Letter (Dkt. #9-1) which was received

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by the court on January 14, 2013. The court has considered the letter because it relates extenuating

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circumstances. However, Plaintiff is again advised that a letter request is not an appropriate means to

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seek relief from the court, and in the future he must file a motion supported by appropriate points and

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authorities supporting any request for relief. See Fed R. Civ. P. 7; LR 7-2.

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Plaintiff is proceeding pro se and in forma pauperis. On December 18, 2012, the court entered

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an Order (Dkt. #6) screening Plaintiff’s Complaint (Dkt. #7) pursuant to 28 U.S.C. § 1915. The court

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dismissed Plaintiff’s Complaint because of noted deficiencies with leave to file an amended complaint

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no later than January 17, 2013. See Screening Order (Dkt. #6). Plaintiff’s letter represents that he

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recently suffered a stroke caused by a cancerous tumor, and he is unable to meet the court’s time line.

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He requests an additional thirty days to file an amended complaint. Normally, the court does not

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consider letter requests from parties. See Fed. R. Civ. P. 7 (“A request for a court order must be made

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by motion”); see also Minute Order (Dkt. #9) (advising Plaintiff that letter requests will be

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disregarded). In the future, Plaintiff must style any request for relief as a motion. However, Plaintiff

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has stated good cause for the requested extension of time.

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Accordingly,

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IT IS ORDERED that Plaintiff’s request for an extension of time is GRANTED. Plaintiff shall

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have until February 15, 2013, to file an amended complaint if he believes he can cure the deficiencies

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noted in the court’s Screening Order (Dkt #6). Plaintiff should carefully review the Screening Order

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and comply with its requirements.

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IT IS FURTHER ORDERED that any request for further extension shall be made by motion

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rather than letter and must be filed before February 15, 2013. Failure to comply with this Order may

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result in a recommendation to the district judge that this case be dismissed.

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Dated this 16th day of January, 2013.

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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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