Knight v. Climbing Magazine et al

Filing 54

ORDERED that D's # 46 Motion to dismiss is GRANTED. P's # 24 Amended complaint is DISMISSED in its entirety. FURTHER ORDERED that P shall have 30 days to file an amended complaint. Signed by Judge Larry R. Hicks on 5/30/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRIAN KNIGHT,

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Plaintiff,

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v.

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CLIMBING MAGAZINE; et al.,

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Defendants.

3:11-CV-0146-LRH-RAM
ORDER

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Before the court is defendant SKRAM Media, LLC’s (“SKRAM”) motion to dismiss.

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Doc. #46.1 Pro se plaintiff Brian Knight (“Knight”) filed an opposition (Doc. #50) to which

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SKRAM replied (Doc. #51).

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On December 23, 2010, Knight filed a complaint against defendants for libel and intentional

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infliction of emotional distress. Doc. #1, Exhibit A. On June 29, 2011, Knight filed an amended

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complaint. Doc. #24. Thereafter, SKRAM filed the present motion to dismiss. Doc. #46.

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The court has reviewed Knight’s complaint and finds that it fails to state a single cause of

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action upon which relief can be granted. In his complaint, Knight does not set out any direct causes

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of action but simply provides five pages of accusations against defendant SKRAM. Knight fails to

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identify what his legal claims are or under what laws he is bringing this action. As such, the court is

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Refers to the court’s docketing number.

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unclear as to what exactly Knight is alleging. Therefore, the court shall grant SKRAM’s motion to

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dismiss, dismiss Knight’s present complaint, and grant Knight leave to file an amended complaint

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that sets out specific causes of action upon which this court can rule.

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IT IS THEREFORE ORDERED that defendant’s motion to dismiss (Doc. #46) is
GRANTED. Plaintiff’s amended complaint (Doc. #24) is DISMISSED in its entirety.
IT IS FURTHER ORDERED that plaintiff shall have thirty (30) days to file an amended
complaint.
IT IS SO ORDERED.
DATED 30th day of May, 2012.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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