Price v. The Suites, et al

Filing 9

ORDER granting 8 Motion to Extend Time; Amended Complaint deadline: 2/7/2022. Proof of service due by 3/17/2022. Signed by Magistrate Judge Daniel J. Albregts on 1/6/2022. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:21-cv-01438-JAD-DJA Document 9 Filed 01/06/22 Page 1 of 2 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 *** Tobias Price, Case No. 2:21-cv-01438-JAD-DJA Plaintiff, v. Order The Suites, et al., Defendants. 10 11 12 Plaintiff Tobias Price has moved to extend the deadline by which he must file an amended 13 complaint. (ECF No. 8). After the Court screened his complaint, it ordered that Plaintiff had 14 until January 7, 2022 to send the U.S. Marshal the required Form USM-285 and to file an 15 amended complaint. (ECF No. 5 at 10). Plaintiff asks to move this deadline given his limited 16 access to the law library under the prison’s COVID-19 precautions. (ECF No. 8 at 1-2). Plaintiff 17 explains that he has very limited access to the library because the prison only allows ten inmates 18 at a time to enter. (Id.). Plaintiff adds that he did not receive the Court’s order until a week after 19 it issued. (Id.). 20 Under Local Rule IA 6-1 and 26-3, motions to extend time must be supported by good 21 cause. LR IA 6-1; LR 26-3. Plaintiff has demonstrated good cause by explaining his limited 22 access to the law library and the longer time frames in which he receives Court mail. The Court 23 thus grants Plaintiff’s motion to extend and moves the January 7, 2022 deadline in its previous 24 order thirty-three days to Monday, February 7, 2022. 25 26 27 28 Case 2:21-cv-01438-JAD-DJA Document 9 Filed 01/06/22 Page 2 of 2 1 IT IS THEREFORE ORDERED that Plaintiff’s motion for an extension (ECF No. 8) is 2 granted. Plaintiff shall have until Monday, February 7, 2022 in which to send the U.S. Marshal 3 the required Form USM-285. Within twenty-one days after receiving a copy of the Form USM- 4 285 back from the U.S. Marshal showing whether service has been accomplished, Plaintiff must 5 file a notice with the Court identifying whether the defendant was served. If Plaintiff wishes to 6 have service again attempted on an unserved defendant, the Plaintiff must file a motion with the 7 Court identifying the unserved defendant and specifying a more detailed name and/or address for 8 said defendant or whether some other manner of service should be attempted. 9 IT IS FURTHER ORDERED that Plaintiff shall also have until Monday, February 7, 10 2022 in which to file an amended complaint to the extent he believes he can correct the noted 11 deficiencies. If Plaintiff chooses to amend his complaint, Plaintiff is informed that the Court 12 cannot refer to a prior pleading (i.e., the original complaint) to make the amended complaint 13 complete. This is because, generally, an amended complaint supersedes the original complaint. 14 Local Rule 15-1(a) requires that an amended complaint be complete without reference to any 15 prior pleading. Once a plaintiff files an amended complaint, the original complaint no longer 16 serves any function in the case. Therefore, in an amended complaint, as in an original complaint, 17 each claim and the involvement of each Defendant must be sufficiently alleged. 18 IT IS FURTHER ORDERED that the deadline by which Plaintiff must serve the 19 Defendants against whom Plaintiff’s claims are proceeding is still March 17, 2022, as outlined in 20 the Court’s previous order. (ECF No. 5 at 10). 21 22 23 24 DATED: January 6, 2022 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 25 26 27 28 Page 2 of 2

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