Busby v. Unknown officer 1 et al

Filing 15

ORDER Granting 14 Motion to Extend Time re 13 Order (Second Request). Amended Complaint deadline: 7/2/2021. Signed by Magistrate Judge Brenda Weksler on 6/4/2021. (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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CHRISTOPHER BUSBY,

Case No. 2:19-cv-01555-APG-BNW

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Plaintiff,

ORDER

v.
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UNKNOWN OFFICER 1, et al.,
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Defendants.
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I.

DISCUSSION

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On November 3, 2020, the Court issued a screening order dismissing Plaintiff’s

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complaint without prejudice and with leave to amend by March 1, 2021. (ECF No. 10.)

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On February 24, 2021, Plaintiff filed a motion requesting an extension of time to file his

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amended complaint. (ECF No. 12.) The Court granted Plaintiff’s motion and ordered

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Plaintiff to file an amended complaint on or before May 7, 2021. (ECF No. 13.) Plaintiff

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has now filed a second motion for an extension, indicating that he has spent 45 days in

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“SHU without any legal access,” and that his legal papers, research, and books had been

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discarded or lost. (ECF No. 14.) Plaintiff requests another 30 days to file his amended

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complaint. (Id.) The Court grants Plaintiff’s motion. Plaintiff will file any amended

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complaint on or before July 2, 2021.

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Although the Court grans Plaintiff’s motion, the Court notes that it has now been

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almost seven months since the Court dismissed the complaint and granted Plaintiff leave

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to file an amended complaint. The Court will not grant any further extensions of time. If

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Plaintiff does not file a complete amended complaint by July 2, 2021, this case be subject

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to dismissal without prejudice.

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II.

CONCLUSION
For the foregoing reasons, it is ordered that the motion for extension of time (ECF

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No. 14) is granted.

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It is further ordered that Plaintiff shall file his first amended complaint on or before
July 2, 2021.
It is further ordered that, if Plaintiff fails to timely file his first amended complaint,
this action will be subject to dismissal without prejudice.
DATED THIS 4th day of June 2021.

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UNITED STATES MAGISTRATE JUDGE

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