Douzat v. Colvin

Filing 6

ORDER. IT IS ORDERED that the Clerk of Court shall file the Amended Complaint. The Amended Complaint is DISMISSED with leave to amend. Plaintiff will have until 4/6/2017, to file a Second Amended Complaint, if Plaintiff believes he can correct the noted deficiencies. Signed by Magistrate Judge Nancy J. Koppe on 3/7/17. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA
5
6
7
8
9
10
11

MICHAEL K. DOUZAT,

)
)
Plaintiff(s),
)
)
vs.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of Social Security,
)
)
Defendant(s).
)
__________________________________________)

Case No. 2:17-cv-00345-RFB-NJK
ORDER

12

On February 6, 2017, the Court granted Plaintiff’s application to proceed in forma pauperis and

13

dismissed Plaintiff’s complaint with leave to amend. Docket No. 3. Plaintiff has now filed an amended

14

complaint. Docket No. 5. The Court has screened the amended complaint pursuant to 28 U.S.C. § 1915(e)

15

and finds that it does not sufficiently address the previously identified deficiencies. Specifically, the

16

amended complaint does not state the nature of Plaintiff’s disability and when the Plaintiff claims he

17

became disabled. See Docket No. 3 at 3; Docket No. 5. Additionally, Plaintiff fails to demonstrate that

18

this civil action was commenced in a timely manner. See Docket No. 3 at 5; Docket No. 5 at 2.

19

Accordingly, the Court hereby ORDERS as follows:

20

1.

The Clerk of Court shall file the Amended Complaint.

21

2.

The Amended Complaint is DISMISSED with leave to amend. Plaintiff will have until

22

April 6, 2017, to file a Second Amended Complaint, if Plaintiff believes he can correct the

23

noted deficiencies.

24

IT IS SO ORDERED.

25

Dated: March 7, 2017

26
27
28

________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE