Battey v. Social Security Income Admin et al

Filing 20

ORDER. As a one-time courtesy, the Court EXTENDS the deadline to file a second amended complaint to September 25, 2024. If Plaintiff chooses to file a second amended complaint, he must do so in compliance with the requirements outlined in the prior screening order at Docket No. 17 . The Clerks Office is also INSTRUCTED to send Plaintiff a copy of both this order and another copy of the prior screening order at Docket No. 17 . Plaintiff is cautioned that failing to file a second amended complaint by the deadline set forth herein will result in dismissal of this case. Signed by Magistrate Judge Nancy J. Koppe on 8/29/2024. (Copies have been distributed pursuant to the NEF cc Orders sent to Plaintiff via mail - CAH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WESLEY B., JR.,
Plaintiff(s),

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v.

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SOCIAL SECURITY INCOME ADMIN,

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Case No. 2:24-cv-00095-NJK
Order

Defendant(s).
On June 24, 2024, the Court screened Plaintiff’s amended complaint and determined that

11 Plaintiff’s amended complaint failed to state a claim. Docket No. 17. The Court afforded Plaintiff
12 an opportunity to amend the complaint further, with a deadline of July 25, 2024. Id. at 2. Plaintiff
13 has not filed a second amended complaint and, instead, has filed requests asking for the status of
14 the case. See Docket Nos. 18, 19. Although not proper,1 the latter filings raise the potential that
15 Plaintiff is unaware of the Court’s prior order and that he must file a second amended complaint
16 pursuant to the requirements in the prior order.
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As a one-time courtesy, the Court EXTENDS the deadline to file a second amended

18 complaint to September 25, 2024. If Plaintiff chooses to file a second amended complaint, he must
19 do so in compliance with the requirements outlined in the prior screening order at Docket No. 17.
20 The Clerk’s Office is also INSTRUCTED to send Plaintiff a copy of both this order and another
21 copy of the prior screening order at Docket No. 17. Plaintiff is cautioned that failing to file a
22 second amended complaint by the deadline set forth herein will result in dismissal of this case.
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IT IS SO ORDERED.

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Dated: August 29, 2024

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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As already made clear by the Clerk’s Office, such status requests are not proper and must
28 not be filed moving forward. See, e.g., Docket No. 4 at 2.

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