Johnson v. Cox et al

Filing 39

ORDER that 36 Amended Complaint is STRICKEN. Defendants' Motion to Strike 37 is DENIED as moot. The Motion for Summary Judgment 31 is DENIED without prejudice. The Motion for Leave to File Excess Pages 32 is DENIED as moot. The dead line to file dispositive motions is hereby EXTENDED to February 5, 2016. The Court INSTRUCTS the Clerk's Office to mail Plaintiff a copy of his first amended complaint 5 . Plaintiff is instructed to write on the first page of that document the words "Second Amended Complaint," and to change the names of the two relevant defendants throughout that document. Plaintiff shall otherwise make no changes to the document. Plaintiff shall then file the Second Amended Complaint no later than December 4, 2015. Signed by Magistrate Judge Nancy J. Koppe on 11/4/15. (Copies have been distributed pursuant to the NEF: copy of 5 to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDY JOHNSON,
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Plaintiff(s),
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vs.
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JAMES COX, et al.,
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Defendant(s).
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Case No. 2:14-cv-01326-JCM-NJK
ORDER
(Docket Nos. 31, 32, 36, 37)

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On July 20, 2015, the Court granted Plaintiff’s motion to correct the names of two defendants

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as they appeared in the complaint. Docket No. 21. The Court ordered Plaintiff to file a second amended

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complaint correcting those two names but otherwise making no changes. See id. at 1. Despite several

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attempts, Plaintiff has not been able to comply to date. See, e.g., Docket No. 36 (further amended

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complaint that is not the same as the amended complaint except for the change to these two defendants’

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names). The Court hereby INSTRUCTS the Clerk’s Office to mail Plaintiff a copy of his first amended

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complaint (Docket No. 5). Plaintiff is instructed to write on the first page of that document the words

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“Second Amended Complaint,” and to change the names of the two relevant defendants throughout that

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document. Plaintiff shall otherwise make no changes to the document. Plaintiff shall then file the

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Second Amended Complaint no later than December 4, 2015. This is Plaintiff’s final chance to comply.

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The failure to comply with this order will result in the case moving forward based on the first amended

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complaint.

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Based on the above, Plaintiff’s attempted filing of a second amended complaint at Docket No.

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36 is hereby STRICKEN. Consequently, Defendants’ motion to strike (Docket No. 37) is hereby

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DENIED as moot.1

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Lastly, given that the pleadings have not been settled, the undersigned has consulted with United

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States District Judge James C. Mahan and the motion for summary judgment (Docket No. 31) is hereby

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DENIED without prejudice. The motion for leave to file excess pages (Docket No. 32) is therefore

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DENIED as moot. The deadline to file dispositive motions is hereby EXTENDED to February 5, 2016.

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IT IS SO ORDERED.

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DATED: November 4, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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The Court notes that Defendants’ motion to strike is premised on timeliness arguments, but fails
to acknowledge that the filings of prisoners are subject to the mailbox rule. See, e.g., Schroeder v.
McDonald, 55 F.3d 454, 459 (9th Cir. 1995).
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