Smith-Ostroumov v. Long
Filing
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ORDER dismissing this case with prejudice; directing the Clerk to enter judgment and close the case. Signed by Chief Judge Miranda M. Du on 11/16/2020. (Copies have been distributed pursuant to the NEF - LW)
Case 3:18-cv-00582-MMD-CLB Document 40 Filed 11/16/20 Page 1 of 2
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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BRADLEY V. SMITH-OSTROUMOV,
Plaintiff,
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ORDER
v.
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Case No. 3:18-cv-00582-MMD-CLB
ANDRE LONG, et al.,
Defendants.
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Pro se Plaintiff Bradley V. Smith-Ostroumov brought this action under Title VII of
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the Civil Rights Act of 1964. (ECF No. 2-1 at 4.) In a prior order, the Court dismissed
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Plaintiff’s Complaint, but granted Plaintiff leave to file an amended complaint by June 5,
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2020. (ECF No. 39.) The Court explicitly stated in that order that, “Plaintiff may file an
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amended complaint to cure the deficiencies discussed herein by June 5, 2020. Failure to
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file an amended complaint within the prescribed time period will result in dismissal of this
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action with prejudice.” (Id. at 6.) To date, Plaintiff has not filed an amended complaint.
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“Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss an action
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for failure to comply with any order of the court.” Ferdik v. Bonzelet, 963 F.2d 1258, 1260
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(9th Cir. 1992); see also id. at 1260-63 (affirming dismissal for failure to comply with an
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order requiring amendment of complaint). And as a function of that power in this case,
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the Court will dismiss Plaintiff’s case with prejudice because Plaintiff has not filed an
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amended complaint within the time provided by the Court, despite the Court’s order that
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he must.
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It is therefore ordered that this case is dismissed with prejudice.
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Case 3:18-cv-00582-MMD-CLB Document 40 Filed 11/16/20 Page 2 of 2
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The Clerk of Court is directed to enter judgment accordingly and close this case.
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DATED THIS 16th Day of November 2020.
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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
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