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)

Case 2:21-cv-01438-JAD-DJA Document 9 Filed 01/06/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Tobias Price,

Case No. 2:21-cv-01438-JAD-DJA
Plaintiff,

v.

Order

The Suites, et al.,
Defendants.

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Plaintiff Tobias Price has moved to extend the deadline by which he must file an amended

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complaint. (ECF No. 8). After the Court screened his complaint, it ordered that Plaintiff had

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until January 7, 2022 to send the U.S. Marshal the required Form USM-285 and to file an

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amended complaint. (ECF No. 5 at 10). Plaintiff asks to move this deadline given his limited

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access to the law library under the prison’s COVID-19 precautions. (ECF No. 8 at 1-2). Plaintiff

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explains that he has very limited access to the library because the prison only allows ten inmates

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at a time to enter. (Id.). Plaintiff adds that he did not receive the Court’s order until a week after

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it issued. (Id.).

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Under Local Rule IA 6-1 and 26-3, motions to extend time must be supported by good

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cause. LR IA 6-1; LR 26-3. Plaintiff has demonstrated good cause by explaining his limited

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access to the law library and the longer time frames in which he receives Court mail. The Court

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thus grants Plaintiff’s motion to extend and moves the January 7, 2022 deadline in its previous

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order thirty-three days to Monday, February 7, 2022.

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Case 2:21-cv-01438-JAD-DJA Document 9 Filed 01/06/22 Page 2 of 2

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IT IS THEREFORE ORDERED that Plaintiff’s motion for an extension (ECF No. 8) is

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granted. Plaintiff shall have until Monday, February 7, 2022 in which to send the U.S. Marshal

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the required Form USM-285. Within twenty-one days after receiving a copy of the Form USM-

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285 back from the U.S. Marshal showing whether service has been accomplished, Plaintiff must

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file a notice with the Court identifying whether the defendant was served. If Plaintiff wishes to

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have service again attempted on an unserved defendant, the Plaintiff must file a motion with the

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Court identifying the unserved defendant and specifying a more detailed name and/or address for

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said defendant or whether some other manner of service should be attempted.

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IT IS FURTHER ORDERED that Plaintiff shall also have until Monday, February 7,

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2022 in which to file an amended complaint to the extent he believes he can correct the noted

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deficiencies. If Plaintiff chooses to amend his complaint, Plaintiff is informed that the Court

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cannot refer to a prior pleading (i.e., the original complaint) to make the amended complaint

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complete. This is because, generally, an amended complaint supersedes the original complaint.

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Local Rule 15-1(a) requires that an amended complaint be complete without reference to any

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prior pleading. Once a plaintiff files an amended complaint, the original complaint no longer

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serves any function in the case. Therefore, in an amended complaint, as in an original complaint,

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each claim and the involvement of each Defendant must be sufficiently alleged.

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IT IS FURTHER ORDERED that the deadline by which Plaintiff must serve the

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Defendants against whom Plaintiff’s claims are proceeding is still March 17, 2022, as outlined in

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the Court’s previous order. (ECF No. 5 at 10).

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DATED: January 6, 2022
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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