Lepley v. State of Nevada et al
Filing
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ORDER. IT IS ORDERED that 35 the motion for extension of time is granted. Plaintiff shall file his first amended complaint on or before Friday, 12/29/17. IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of his 1 original complaint. Signed by Magistrate Judge Carl W. Hoffman on 10/17/17. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Plaintiff,
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v.
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STATE OF NEVADA et al.,
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Defendants.
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___________________________________ )
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I.
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BRIAN EUGENE LEPLEY,
2:16-cv-02848-RFB-CWH
ORDER
DISCUSSION
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On September 30, 2017, the Court entered a screening order granting Plaintiff 45 days
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to file a first amended complaint. (ECF No. 33 at 8). The order directed the Clerk of the Court
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to send Plaintiff a form complaint and a copy of his original complaint. (Id. at 9). The order
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stated that, if Plaintiff did not file a first amended complaint, the Court would dismiss the case
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with prejudice for failure to state a claim. (Id.)
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On October 5, 2017, Plaintiff filed a motion to extend time to file his first amended
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complaint. (ECF No. 35 at 1). Plaintiff seeks a 90-day extension of time to file his first
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amended complaint in part because the Clerk of the Court did not send him a form complaint
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or a copy of his original complaint. (Id. at 1-2). The Court grants Plaintiff’s motion for an
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extension of time.
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December 29, 2017.
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II.
Plaintiff shall file his first amended complaint on or before Friday,
CONCLUSION
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For the foregoing reasons, IT IS ORDERED that the motion for extension of time (ECF
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No. 35) is granted. Plaintiff shall file his first amended complaint on or before Friday,
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December 29, 2017.
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IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the
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approved form for filing a § 1983 complaint, instructions for the same, and a copy of his
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original complaint (ECF No. 1). If Plaintiff chooses to file an amended complaint, he must
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use the approved form and he will write the words “First Amended” above the words “Civil
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Rights Complaint” in the caption.
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IT IS FURTHER ORDERED that, if Plaintiff fails to file an amended complaint curing
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the deficiencies outlined in the screening order, the court will recommend dismissal of
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Plaintiff’s case.
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DATED: October 17, 2017.
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_________________________________
United States Magistrate Judge
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