Bates v. Las Vegas Metropolitan Police Dept. et al

Filing 44

ORDER. IT IS HEREBY ORDERED that the 42 Motion to Extend Time is GRANTED only to the extent Plaintiff is given through and including June 14, 2024 to file an amended complaint. IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff a copy of this Order together with copies of the Court's Orders at ECF Nos. 29 and 36 . IT IS FURTHER ORDERED that Plaintiffs failure to file an amended complaint by or before June 14, 2024 will result in a recommendation that this matt er be dismissed without prejudice in its entirety. Signed by Magistrate Judge Elayna J. Youchah on 5/9/2024. (For Distribution by law library.) (Attachments: # 1 29 Order, # 2 36 Order)(Copies have been distributed pursuant to the NEF - ALZ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES E. BATES,

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Case No. 2:22-cv-00957-CDS-EJY

Plaintiff,

ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendants.

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Pending before the Court is Plaintiff’s Motion to Extend Time. ECF No. 42. A review of

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the docket shows Plaintiff recently relocated to High Desert State Prison. The docket further

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confirms Plaintiff has not filed an amended complaint, which he was given leave to do in the Court’s

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July 6, 2023 Report and Recommendation adopted in full by the Court’s January 12, 2024 Order.

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See ECF Nos. 29, 36. This case cannot move forward, if at all, unless Plaintiff files an amended

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complaint.

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Accordingly, IT IS HEREBY ORDERED that the Motion to Extend Time (ECF No. 42) is

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GRANTED only to the extent Plaintiff is given through and including June 14, 2024 to file an

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amended complaint.

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IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff a copy of this Order
together with copies of the Court’s Orders at ECF Nos. 29 and 36.

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Plaintiff should review the documents provided so that when he drafts an amended complaint

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he does not reassert claims that were dismissed with prejudice. Plaintiff’s amended complaint should

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assert claims that were dismissed without prejudice and with leave to amend fixing the deficiencies

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in his prior pleading. As explained by the Court, Plaintiff must allege clear facts that state the

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elements of each claims asserted against identified defendants.

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IT IS FURTHER ORDERED that Plaintiff’s failure to file an amended complaint by or

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before June 14, 2024 will result in a recommendation that this matter be dismissed without prejudice

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in its entirety.

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Dated this 9th day of May, 2024.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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