Almy v. Adams et al

Filing 22

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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 KEVIN ALMY, 4 Plaintiff 5 6 Case No. 3:17-cv-00390-RCJ-WGC ORDER v. MINOR ADAMS, et al., 7 Defendants 8 9 I. DISCUSSION 10 On January 14, 2019, this Court issued an order denying the motion to recuse and 11 extended Plaintiff’s time to file an amended complaint. (ECF No. 16). On January 25, 12 2019, Plaintiff filed a motion to demand a response to the motion to recuse. (ECF No. 13 18). On January 28, 2019, Plaintiff filed a notice of appeal with respect to the January 14 14, 2019, order. (ECF No. 19). On February 25, 2019, the Ninth Circuit dismissed the 15 appeal for lack of jurisdiction. (ECF No. 21). 16 This Court now denies the motion to demand a response to the motion to recuse 17 (ECF No. 18) as moot because the Court addressed the motion to recuse in its 18 January 14, 2019 order. 19 Additionally, the Court directs Plaintiff to file his first amended complaint in 20 accordance with the original screening order (ECF No. 11) on or before Friday, March 29, 21 2019. No further extensions will be granted. Moreover, the Court notes that it must 22 screen Plaintiff’s first amended complaint because he seeks to proceed in forma pauperis. 23 (See ECF No. 17). If Plaintiff seeks to bypass screening because he is no longer 24 incarcerated he must pay the $400 filing fee in full. 25 II. 26 27 28 CONCLUSION For the foregoing reasons, it is ordered that the motion to demand response (ECF No. 18) is denied as moot. /// 1 It is further ordered that Plaintiff shall file the first amended complaint as discussed 2 in the screening order (ECF No. 11) on or before Friday, March 29, 2019. No further 3 extensions will be granted. 4 5 It is further ordered that the Clerk of the Court send Plaintiff a courtesy copy of the screening order (ECF No. 11). 6 It is further ordered that, if Plaintiff chooses not to file an amended complaint curing 7 the stated deficiencies of the complaint, this action shall be dismissed with prejudice for 8 failure to state a claim. 9 DATED: February 27, 2019. 10 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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