Pertgen v. Baca et al

Filing 22

ORDER that ECF No. 18 Motion to Extend Time is granted; First Amended Complaint due by 11/30/2020; if Plaintiff fails to timely file his first amended complaint, this action will be dismissed with prejudice for failure to state a cla im; ECF No. 19 Motion for leave to amend is granted; ECF No. 20 Motion for a copy of § 1983 form is granted; Clerk directed to send Plaintiff an approved form § 1983 form with instructions (Attached hereto for distribution to p). Signed by Magistrate Judge William G. Cobb on 10/16/2020. (Attachments: # 1 Inmate 1983 Complaint form w instructions)(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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WES JOSEPH PERTGEN,

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Plaintiff

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Case No. 3:19-cv-00534-MMD-WGC
ORDER

v.
ISIDRO BACA, et al.,

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Defendants

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I.

DISCUSSION

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On September 16, 2020, the Court gave Plaintiff leave to file a first amended

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complaint within 30 days. (ECF No. 16.) Plaintiff seeks an extension to file an amended

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complaint until November 30, 2020. (ECF No. 18.) The Court grants the motion for an

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

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30, 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. 16 at 4.)

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Plaintiff also seeks permission to add Defendants and or claims to his first

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amended complaint that were not included in his initial complaint. (ECF No. 19.) The

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Court grants Plaintiff’s request. Plaintiff may add additional Defendants or claims to his

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first amended complaint.

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Finally, Plaintiff requests a copy of the approved form for filing a § 1983 complaint.

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(ECF No. 20.) Plaintiff indicates that he tried to use the form that the Court previously

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sent him, but he made so many errors that the form is no longer usable. (Id. at 2.) The

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Court grants Plaintiff’s motion and will order the Clerk of the Court to send Plaintiff another

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copy of the approved form for filing a § 1983 complaint.

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II.

CONCLUSION

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For the foregoing reasons, it is ordered that Plaintiff’s motion for extension of time

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to file his first amended complaint (ECF No. 18) is granted. Plaintiff shall file his first

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amended complaint on or before November 30, 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.
It is further ordered that Plaintiff’s motion to be allowed to add additional claims
and Defendants to his first amended complaint (ECF No. 19) is granted.

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It is further ordered that Plaintiff’s motion for a copy of the approved form for filing

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a § 1983 complaint (ECF No. 20) is granted. The Clerk of Court will send to Plaintiff the

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approved form for filing a § 1983 complaint and instructions for the same.

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DATED THIS ___ day of October 2020.
16th

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UNITED STATES MAGISTRATE JUDGE

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