Coney v. Lozo et al

Filing 16

ORDER. The Clerk of Court is kindly instructed to distribute a copy of Judge Youchah's order (ECF No. 9 ) pursuant to the NEF so that the law librarian may serve it upon Coney. Accordingly, the deadline for Coney to file any objections is ex tended to April 9, 2024. Failure to file an objection will result in me adopting the R&R without a de novo review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) ([N]o review is required of a magistrate judge's report and recom mendation unless objections are filed.). Alternatively, Coney may file an amended complaint to cure the deficiencies identified in the magistrate judge's order. If Coney chooses to file an amended complaint, he must do so no later than April 19, 2024. Objections to R&R due by 4/9/2024. Amended Complaint due by 4/19/2024. Signed by Judge Cristina D. Silva on 3/26/2024. (Attachments: # 1 Copy of 9 Order)(Copies have been distributed pursuant to the NEF. Law Library - High Desert State Prison to distribute ATTACHED Copy of 9 Order to Plaintiff. - RJDG)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 William Coney,

Plaintiff

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Case No. 2:23-cv-01645-CDS-EJY
Order Extending Deadlines

v.

7 Officer Michael Lozo, et al.,
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Defendants

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After screening plaintiff William Coney’s complaint and application to proceed in forma

11 pauperis, Magistrate Judge Elayna Youchah issued an order and report and recommendation.
12 ECF No. 9. Any objections to her findings were due by March 11, 2024. Id. Five days before this
13 deadline, the R&R served on Coney was returned by the U.S. Postal Service as “undeliverable –
14 unable to forward.” ECF No. 11. It is unclear whether Coney ever received the R&R.
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The Clerk of Court is kindly instructed to distribute a copy of Judge Youchah’s order

16 (ECF No. 9) pursuant to the NEF so that the law librarian may serve it upon Coney.
17 Accordingly, the deadline for Coney to file any objections is extended to April 9, 2024. Failure
18 to file an objection will result in me adopting the R&R without a de novo review. Schmidt v.
19 Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o review is required of a magistrate
20 judge’s report and recommendation unless objections are filed.”).
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Alternatively, Coney may file an amended complaint to cure the deficiencies identified in

22 the magistrate judge’s order. If Coney chooses to file an amended complaint, he must do so no
23 later than April 19, 2024.
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Dated: March 26, 2024
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Cristina D. Silva
United States District Judge