Spann v. Williams Sr et al

Filing 8

ORDER. IT IS ORDERED that 7 the motion for extension of time is granted in part. Plaintiff shall file his amended complaint on or before 5/2/18. IT IS FURTHER ORDERED that, if Plaintiff does not file an amended complaint by 5/2/18, this case shall be dismissed with prejudice for failure to state a claim. Signed by Magistrate Judge George Foley, Jr on 4/2/2018. (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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KELVIN L SPANN,

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Plaintiff,
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v.
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BRYANT WILLIAMS SR., et al.,
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Defendants.
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___________________________________ )

Case No. 2:17-cv–02018-JAD-GWF

ORDER

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I.

DISCUSSION

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In its March 1, 2018 Screening Order, the Court ordered Plaintiff to file his amended
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complaint within 30 days of the date of that order. (ECF No. 4 at 7). The amended complaint
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therefore is due on April 2, 2018. The Court also advised Plaintiff that, if he did not file the
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amended complaint by that deadline, the action would be dismissed with prejudice. (Id.)
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Plaintiff has filed a motion for an extension of time of 90 days to file his amended complaint
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and states that he needs that time to discover the identity of a Doe Defendant because he is
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having difficulty obtaining the documentation necessary to do that. (ECF No. 7 at 1-2). The
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Court recognizes that, although a Plaintiff should include the identities of defendants in the
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complaint to the extent possible, there are times when the identity of a defendant cannot be
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known prior to the filing of a complaint. Plaintiff is advised that, if his amended complaint
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states a colorable claim against a Doe Defendant, Plaintiff then will be given the opportunity
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at that time to engage in discovery to learn the Doe Defendant’s identity. The Court grants
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Plaintiff an extension of time until May 2, 2018 to file his amended complaint. If Plaintiff fails
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to file his amended complaint on or before May 2, 2018, the action will be dismissed with
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prejudice for failure to state a claim.

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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. 7) is granted in part. Plaintiff shall file his amended complaint on or before May 2, 2018.

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IT IS FURTHER ORDERED that, if Plaintiff does not file an amended complaint by May

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2, 2018, this case shall be dismissed with prejudice for failure to state a claim.

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DATED: This 2nd day of April, 2018.

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_________________________________
United States Magistrate Judge

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