McDaniel v. Cox

Filing 26

ORDER denying 17 Motion to Extend Time to File Third Amended Complaint; denying as moot 16 , 19 , and 22 motions. Signed by Judge Robert C. Jones on 2/12/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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______________________________________
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JAMES R. MCDANIEL, JR.,
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Plaintiff,
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vs.
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JAMES COX et al.,
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Defendants.
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3:15-cv-00116-RCJ-WGC
ORDER

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The Court dismissed the Second Amended Complaint upon screening under 28 U.S.C.

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§ 1915A, with leave to amend. When Plaintiff failed to timely amend as directed by the Court,

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the Court dismissed the action without prejudice. Plaintiff later filed a Motion to Explain (ECF

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No. 16), a Motion to Extend Time to File Third Amended Complaint (ECF No. 17), a Third

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Amended Complaint (ECF No. 18), a Motion to Add Page (ECF No. 19), a Notice of Appeal

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(ECF No. 20), and a Motion to Respond to Appeal Documents (ECF No. 22). The Court of

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Appeals has dismissed the appeal for failure to prosecute under Circuit Rule 42-1, and this Court

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cannot countermand that ruling by reviving the action, even if it were inclined to reconsider.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Extend Time to File Third Amended

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Complaint (ECF No. 17) is DENIED, and the Motions (ECF Nos. 16, 19, 22) are DENIED as

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moot.

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IT IS SO ORDERED.
Dated this 3rd day of February, 2016.
12th day of February, 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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