Barren v. The State of Nevada ex rel et al

Filing 21

ORDER - It is therefore ordered that Plaintiff's motion for an expedited appeal ECF No. 15 is DENIED as moot. It is further ordered that Plaintiff's motion for an extension to file a second amended complaint ECF No. 18 is GR ANTED. Plaintiff shall file any second amended complaint on or before July 1, 2024. Plaintiff is reminded that pursuant to the Court's screening order, this action will be subject to dismissal without prejudice if Plaintiff fails to file a second amended complaint on or before July 1, 2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 6/4/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - GA)

UNITED STATES DISTRICT COURT

1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
25
25
26
26
27
27
28
28

DISTRICT OF NEVADA
DONALD ROBIN BARREN,

Case No.: 2:23-cv-00792-APG-MDC

Plaintiff,
v.
THE STATE OF NEVADA EX REL, et al.,

ORDER
(ECF Nos. 15, 18)

Defendants.
I.

DISCUSSION
On April 1, 2024, the Court issued an order screening Plaintiff’s first amended

complaint under 28 U.S.C. § 1915A. (ECF No. 13). The Court dismissed the first
amended complaint in its entirety and gave Plaintiff leave to file a second amended
complaint. (Id.). Plaintiff subsequently filed a notice of appeal, as well as an “emergency
motion” that appears to request that the Ninth Circuit Court of Appeals promptly address
his appeal. (ECF Nos. 14, 15). Plaintiff has also filed a motion for an extension to file an
amended complaint. (ECF No. 18). The Ninth Circuit Court of Appeals has denied
Plaintiff’s appeal due to a lack of jurisdiction. (ECF No. 20).
Plaintiff’s emergency motion appears to request that the Court of Appeals promptly
address his appeal in both this case and another pending case. (ECF No. 15). It appears
that the motion was intended for the Court of Appeals, because Plaintiff signed it as
“Appellant.” (Id.) Because the Court of Appeals has already dismissed Plaintiff’s appeal
in this case, the Court denies the motion as moot.
Plaintiff’s motion for an extension to file a second amended complaint states that
he does not have access to the legal law library. (ECF No. 18). Plaintiff requests an
additional 30 days in which to file a second amended complaint. (Id.). The Court grants
Plaintiff an extension until July 1, 2024, to file a second amended complaint. Pursuant
to the Court’s screening order, this case will be subject to dismissal without prejudice if
Plaintiff fails to file a second amended complaint by that deadline.

1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
25
25
26
26
27
27
28
28

II.

CONCLUSION
It is therefore ordered that Plaintiff’s motion for an expedited appeal (ECF No. 15)

is DENIED as moot.
It is further ordered that Plaintiff’s motion for an extension to file a second amended
complaint (ECF No. 18) is GRANTED. Plaintiff shall file any second amended complaint
on or before July 1, 2024.
Plaintiff is reminded that pursuant to the Court’s screening order, this action will be
subject to dismissal without prejudice if Plaintiff fails to file a second amended complaint
on or before July 1, 2024.
DATED THIS 4th

day of June 2024.

UNITED STATES MAGISTRATE JUDGE

2