Johnson v. Cox et al

Filing 30

ORDER that Plaintiff shall file a second amended complaint that complies with the Court's 21 Order no later than 10/9/2015. The Court defers ruling on Plaintiff's 24 Motion regarding service on Defendants Baca and Donat. Signed by Magistrate Judge Nancy J. Koppe on 9/8/2015. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 RANDY JOHNSON, 11 Plaintiff(s), 12 vs. 13 JAMES COX, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-01326-JCM-NJK ORDER 16 On July 20, 2015, the Court granted Plaintiff’s motion to correct the complaint such that 17 references to “Isidro Baca” are changed to “James Baca” and that references to “B. Donae” are changed 18 to “Bill Donat.” See Docket No. 21. The Court ordered Plaintiff to file a second amended complaint 19 correcting those two names but otherwise making no additional changes. Id. Plaintiff has now filed a 20 second amended complaint, Docket No. 23, which does not comply with the Court’s order. The Court 21 again ORDERS Plaintiff to file a second amended complaint correcting those two names but otherwise 22 making no additional changes. Hence, the second amended complaint must be identical to the amended 23 complaint except for the corrections to those two names. The second amended complaint must also be 24 complete in itself, and should not refer back to any previous complaints or otherwise fail to properly 25 plead each claim that is before the Court. 26 Plaintiff shall file a second amended complaint that complies with the Court’s order no later than 27 October 9, 2015. Failure to file a proper second amended complaint by that date may result in the Court 28 ordering the case to proceed under the previously-screened amended complaint. 1 2 In light of the above, the Court DEFERS ruling on Plaintiff’s motion regarding service on Defendants Baca and Donat. See Docket No. 24. 3 IT IS SO ORDERED. 4 DATED: September 8, 2015 5 6 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 7 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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