Pertgen v. Baca et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
WES JOSEPH PERTGEN,
Case No. 3:19-cv-00534-MMD-WGC
ISIDRO BACA, et al.,
On September 16, 2020, the Court gave Plaintiff leave to file a first amended
complaint within 30 days. (ECF No. 16.) Plaintiff seeks an extension to file an amended
complaint until November 30, 2020. (ECF No. 18.) The Court grants the motion for an
extension of time. Plaintiff shall file his first amended complaint on or before November
30, 2020. If Plaintiff fails to file a timely first amended complaint, this action will be
dismissed with prejudice for failure to state a claim. (See ECF No. 16 at 4.)
Plaintiff also seeks permission to add Defendants and or claims to his first
amended complaint that were not included in his initial complaint. (ECF No. 19.) The
Court grants Plaintiff’s request. Plaintiff may add additional Defendants or claims to his
first amended complaint.
Finally, Plaintiff requests a copy of the approved form for filing a § 1983 complaint.
(ECF No. 20.) Plaintiff indicates that he tried to use the form that the Court previously
sent him, but he made so many errors that the form is no longer usable. (Id. at 2.) The
Court grants Plaintiff’s motion and will order the Clerk of the Court to send Plaintiff another
copy of the approved form for filing a § 1983 complaint.
For the foregoing reasons, it is ordered that Plaintiff’s motion for extension of time
to file his first amended complaint (ECF No. 18) is granted. Plaintiff shall file his first
amended complaint on or before November 30, 2020.
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.
It is further ordered that Plaintiff’s motion for a copy of the approved form for filing
a § 1983 complaint (ECF No. 20) is granted. The Clerk of Court will send to Plaintiff the
approved form for filing a § 1983 complaint and instructions for the same.
DATED THIS ___ day of October 2020.
UNITED STATES MAGISTRATE JUDGE
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