Festa v. NDOC

Filing 18

ORDER. IT IS ORDERED that 17 the motion for extension of time is GRANTED. Plaintiff shall file his second amended complaint on or before 4/20/2018. IT IS FURTHER ORDERED that, if Plaintiff does not file a second amended complaint by 4/20/2018, this action shall be dismissed with prejudice for failure to state a claim. Signed by Magistrate Judge Nancy J. Koppe on 2/28/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY FESTA,
Plaintiff,

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v.

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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.
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Case No. 2:17-cv-00850-APG-NJK

ORDER

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I.

DISCUSSION

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In its February 20, 2018 Screening Order, the Court ordered Plaintiff to file his second

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amended complaint within 30 days of the date of that order. (ECF No. 15 at 11). The second

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amended complaint, therefore, is due on March 22, 2018. The Court also advised Plaintiff

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that, if he did not file the second amended complaint by that deadline, the action would be

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dismissed with prejudice for failure to state a claim. (Id.) Plaintiff has filed a motion for an

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extension of time until April 20, 2018, to file his second amended complaint. (ECF No. 17 at

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1). The Court grants the motion. Plaintiff shall file his second amended complaint on or

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before April 20, 2018.

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....

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II.

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. 17) is GRANTED. Plaintiff shall file his second amended complaint on or before April 20,

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2018.

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IT IS FURTHER ORDERED that, if Plaintiff does not file a second amended complaint
by April 20, 2018, this action shall be dismissed with prejudice for failure to state a claim.

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DATED: This 28th day of February, 2018.

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_________________________________
NANCY J. KOPPE
United States Magistrate Judge

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