Almy v. Adams et al
Filing
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ORDER that the motion to demand response ECF No. 18 is denied as moot; Plaintiff to file the first amended complaint as discussedin the screening order (ECF No. 11 ) on or before 3/29/2019; no further extensions will be granted; Clerk di rected to send Plaintiff courtesy copy of screening order ECF No. 11 (mailed to P on 2/27/2019); if Plaintiff chooses not to file an amended complaint curing the stated deficiencies of the complaint, this action shall be dismissed with prejudice for failure to state a claim. Amended Complaint deadline: 3/29/2019. Signed by Magistrate Judge William G. Cobb on 2/27/2019. (Copies have been distributed pursuant to the NEF - KW)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KEVIN ALMY,
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Plaintiff
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Case No. 3:17-cv-00390-RCJ-WGC
ORDER
v.
MINOR ADAMS, et al.,
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Defendants
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I.
DISCUSSION
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On January 14, 2019, this Court issued an order denying the motion to recuse and
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extended Plaintiff’s time to file an amended complaint. (ECF No. 16). On January 25,
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2019, Plaintiff filed a motion to demand a response to the motion to recuse. (ECF No.
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18). On January 28, 2019, Plaintiff filed a notice of appeal with respect to the January
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14, 2019, order. (ECF No. 19). On February 25, 2019, the Ninth Circuit dismissed the
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appeal for lack of jurisdiction. (ECF No. 21).
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This Court now denies the motion to demand a response to the motion to recuse
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(ECF No. 18) as moot because the Court addressed the motion to recuse in its
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January 14, 2019 order.
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Additionally, the Court directs Plaintiff to file his first amended complaint in
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accordance with the original screening order (ECF No. 11) on or before Friday, March 29,
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2019. No further extensions will be granted. Moreover, the Court notes that it must
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screen Plaintiff’s first amended complaint because he seeks to proceed in forma pauperis.
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(See ECF No. 17). If Plaintiff seeks to bypass screening because he is no longer
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incarcerated he must pay the $400 filing fee in full.
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II.
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CONCLUSION
For the foregoing reasons, it is ordered that the motion to demand response
(ECF No. 18) is denied as moot.
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It is further ordered that Plaintiff shall file the first amended complaint as discussed
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in the screening order (ECF No. 11) on or before Friday, March 29, 2019. No further
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extensions will be granted.
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It is further ordered that the Clerk of the Court send Plaintiff a courtesy copy of the
screening order (ECF No. 11).
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It is further ordered that, if Plaintiff chooses not to file an amended complaint curing
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the stated deficiencies of the complaint, this action shall be dismissed with prejudice for
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failure to state a claim.
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DATED: February 27, 2019.
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UNITED STATES MAGISTRATE JUDGE
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