Barker v. Baker et al

Filing 9

ORDER that the motion for extension of time (ECF No. 8 ) is granted; Plaintiff shall file his first amended complaint on or before 12/11/2020; if Plaintiff fails to timely file his first amended complaint, this action will be dismissed with prejudice for failure to state a claim. Signed by Magistrate Judge William G. Cobb on 10/16/2020. (Copies have been distributed pursuant to the NEF - LW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES BARKER,

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Case No. 3:19-cv-00159-RCJ-WGC
Plaintiff

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v.

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ORDER

BAKER, et al.,

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Defendants

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I.

DISCUSSION

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On September 22, 2020, the Court screened Plaintiff’s complaint pursuant to 28

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U.S.C. § 1915A. (ECF No. 7.) The Court dismissed Plaintiff’s complaint in its entirety

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and gave Plaintiff leave to file an amended complaint within 30 days. (Id. at 7.) Plaintiff

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seeks an extension of 60 days to file his first amended complaint. (ECF No. 8 at 1.)

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Plaintiff states that he is having difficulty with his pleadings as a pro se litigant and is

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having to file subpoenas to obtain documents that he needs for his filings. (Id.)

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As an initial matter, the Court notes that Plaintiff does not need to submit any

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documents to support his amended complaint. Plaintiff only needs to allege facts giving

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rise to a colorable cause of action. Nevertheless, the Court grants the motion for an

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extension of time. Plaintiff shall file his first amended complaint on or before December

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11, 2020. If Plaintiff fails to file a timely first amended complaint, this action will be

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dismissed with prejudice for failure to state a claim. (See ECF No. 7 at 8.)

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II.

For the foregoing reasons, it is ordered that the motion for extension of time (ECF

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CONCLUSION

No. 8) is granted.
It is further ordered that Plaintiff shall file his first amended complaint on or before

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December 11, 2020.

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It is further ordered that, if Plaintiff fails to timely file his first amended complaint,
this action will be dismissed with prejudice for failure to state a claim.

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DATED THIS ___ day of October 2020.
16th

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UNITED STATES MAGISTRATE JUDGE

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