Fitzgearld v. Martin et al

Filing 13

ORDER granting ECF No. 12 Motion for extension of time; Second Amended Complaint deadline: 4/23/2018; if plaintiff does not file a second amended complaint by deadline, this action will be dismissed with prejudice. Signed by Magistrate Judge William G. Cobb on 3/19/2018. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12

MARTY FITZGERALD,

)
)
Plaintiff,
)
)
v.
)
)
LPN GREG MARTIN, et al.,
)
)
Defendants.
)
)
___________________________________ )

Case No. 3:17-cv-00278-MMD-WGC

ORDER

13
I.

DISCUSSION

14
In its February 21, 2018 Screening Order, the Court ordered Plaintiff to file his second
15
amended complaint within 30 days of the date of that order. (ECF No. 10 at 12). The second
16
amended complaint therefore is due on March 24, 2018. The Court also advised Plaintiff that,
17
if he did not file the second amended complaint by that deadline, the action would be
18
dismissed with prejudice for failure to state a claim. (Id.) Plaintiff has filed a motion for an
19
extension of time to file his second amended complaint. (ECF No. 12). The Court grants the
20
motion. Plaintiff shall file his second amended complaint on or before April 23, 2018.
21
II.

CONCLUSION

22
For the foregoing reasons, IT IS ORDERED that the motion for extension of time
23
(ECF No. 12) is granted. Plaintiff shall file his second amended complaint on or before
24
April 23, 2018.
25
///
26
///
27
///
28

1
2
3

IT IS FURTHER ORDERED that, if Plaintiff does not file a second amended complaint
by April 23, 2018, this action shall be dismissed with prejudice for failure to state a claim.
DATED: March 19, 2018.

4
5
6

_________________________________
United States Magistrate Judge

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