Abd-Elmalek v. Jenkins

Filing 9

ORDER Granting Plaintiff's 8 Motion to Reopen Case. Plaintiff shall file an Amended Complaint on or before 5/1/2017. The Clerk of Court shall mail Plaintiff a copy of Judge Foley's 3 Order. Signed by Judge Andrew P. Gordon on 4/3/2017. (Copies have been distributed pursuant to the NEF - 3 Order and this Order mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AMIR F. ABD-ELMALEK,

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Plaintiff,
v.
BARRY H. JENKINS,

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Case No. 2:16-cv-02509-APG-GWF
ORDER GRANTING MOTION TO
REOPEN CASE
(ECF No. 8)

Defendant.

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On November 3, 2016, Magistrate Judge Foley dismissed plaintiff Amir Abd-Elmalek’s

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complaint with leave to amend. ECF No. 3. Judge Foley directed the plaintiff to file an amended

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complaint by December 2, 2016. Id. at 3. The plaintiff did not file an amended complaint, and

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mail sent to him was been returned. ECF Nos. 4, 5. I therefore dismissed the case. ECF No. 6.

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The plaintiff now moves to reopen the case, stating that he never received the court’s prior

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orders even though he has not changed his address. ECF No. 8. I grant the motion. On or before

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May 1, 2017, the plaintiff must file an amended complaint addressing the issues identified in

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Judge Foley’s prior order. ECF No. 3. Because the plaintiff may not have received a copy of

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Judge Foley’s order, I will instruct the clerk of court to send a copy along with this order.

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IT IS THEREFORE ORDERED that the plaintiff’s motion to reopen the case (ECF No.
8) is GRANTED.
IT IS FURTHER ORDERED that the plaintiff shall file an amended complaint on or
before May 1, 2017.
IT IS FURTHER ORDERED that the clerk of court shall mail to the plaintiff a copy of
Judge Foley’s November 11, 2016 order (ECF No. 3) along with this order.
DATED this 3rd day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE