James v. Dejong et al

Filing 16

ORDER Denying Plaintiff's 12 and 13 Motions/Applications for Leave to Proceed in forma pauperis. Plaintiff shall have until 2/23/18 to file an Amended Complaint. Signed by Magistrate Judge George Foley, Jr on 2/9/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOANN JAMES,

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Plaintiff,
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vs.
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ROBERT DEJONG, et al.,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-01594-APG-GWF
ORDER

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This matter comes before the Court on Plaintiff’s Applications to Proceed in Forma

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Pauperis (ECF No. 12 and 13), filed on February 6, 2018.

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On January 18, 2018, the Court issued its screening order that granted Plaintiff leave to

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proceed in this action in forma pauperis. See ECF No. 11. Plaintiff’s new applications to proceed

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in forma pauperis are therefore moot because the Court already granted Plaintiff this relief.

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The screening order also addressed the deficiencies in Plaintiff’s complaint and gave

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Plaintiff until February 20, 2018 to file an amended complaint. Id. On February 6, 2018, Plaintiff

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filed a Writ of Execution (ECF No. 15) that the Court interprets as Plaintiff’s attempt at filing an

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amended complaint. The Court understands that it is difficult for a pro se litigant to navigate the

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complexities of the legal system; but Plaintiff’s filing is not a proper amended complaint and even

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construing it as such, it suffers from the same fatal flaws as the original. The Court will still allow

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Plaintiff the opportunity to amend the complaint and Plaintiff is advised to refer to the Court’s

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screening order for instructions on how to do so. Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Applications to Proceed in Forma Pauperis

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(ECF No. 12 and 13) are denied as moot.

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...

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IT IS FURTHER ORDERED that Plaintiff shall have until February 23, 2018 to file an

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amended complaint that addresses the deficiencies noted in the Court’s Screening Order (ECF No.

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11).

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DATED this 9th day of February, 2018.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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