Mellor v. West Trop Storage, LLC

Filing 82

ORDER dismissing 1 Complaint. Signed by Judge James C. Mahan on 10/16/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 ELI MELLOR, Plaintiff, 11 12 13 16 ORDER v. WEST TROP STORAGE, LLC, Defendant. 14 15 Case No. 2:13cv-01502-JCM-VCF Presently before the court is the matter of Mellor v. West Trop Storage, LLC, case number 2:13-cv-01502-JCM-VCF. 17 On March 9, 2015, the court denied pro se plaintiff Eli Mellor’s motion to amend 18 complaint. (ECF No. 56). On December 23, 2016, the Ninth Circuit reversed and remanded the 19 action “because it is not clear that amendment would be futile.” (ECF No. 73 at 2). 20 Plaintiff has not filed any documents with this court since the order on mandate. On August 21 1, 2017, the court ordered a time schedule, giving plaintiff 28 days to file a renewed motion to 22 amend the complaint. (ECF No. 80). Plaintiff has not filed a renewed motion to amend the 23 complaint. 24 On October 2, 2017, the court issued an order to show cause as to why the case should not 25 be dismissed for failure to prosecute. (ECF No. 81). The court gave plaintiff ten days to file a 26 response. Plaintiff has not filed a response. 27 28 1 Accordingly, 2 IT IS HEREBY ORDERED that plaintiff’s complaint (ECF No. 1), be, and the same hereby 3 is, DISMISSED. 4 The clerk shall enter judgment accordingly and close the case. 5 DATED THIS 16th day of October, 2017. 6 7 JAMES C. MAHAN UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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