Towner v. Silver, 2:19-CV-00636-JAD-EJY. (2020)
Court: District Court, D. Nevada
Number: infdco20200107e05
Visitors: 4
Filed: Jan. 06, 2020
Latest Update: Jan. 06, 2020
Summary: ORDER and REPORT AND RECOMMENDATION RE: Motion to Extend Time to File Second Amended Complaint (ECF No. 5) ELAYNA J. YOUCHAH , Magistrate Judge . Before the Court is Frederick Omoyuma Silver's ("Defendant") Motion to Extend Time to File Second Amended Complaint (ECF No. 5) submitted on January 2, 2020. Defendant misrepresents himself in the caption of this matter by showing himself as Plaintiff rather than Candice Towner as Plaintiff. Defendant has initiated no claims in this court and the
Summary: ORDER and REPORT AND RECOMMENDATION RE: Motion to Extend Time to File Second Amended Complaint (ECF No. 5) ELAYNA J. YOUCHAH , Magistrate Judge . Before the Court is Frederick Omoyuma Silver's ("Defendant") Motion to Extend Time to File Second Amended Complaint (ECF No. 5) submitted on January 2, 2020. Defendant misrepresents himself in the caption of this matter by showing himself as Plaintiff rather than Candice Towner as Plaintiff. Defendant has initiated no claims in this court and ther..
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ORDER and REPORT AND RECOMMENDATION
RE: Motion to Extend Time to File Second Amended Complaint (ECF No. 5)
ELAYNA J. YOUCHAH, Magistrate Judge.
Before the Court is Frederick Omoyuma Silver's ("Defendant") Motion to Extend Time to File Second Amended Complaint (ECF No. 5) submitted on January 2, 2020. Defendant misrepresents himself in the caption of this matter by showing himself as Plaintiff rather than Candice Towner as Plaintiff. Defendant has initiated no claims in this court and therefore has no basis to seek an extension to file an amended claims. Instead, the Court granted Plaintiff's Application to Proceed In Forma Pauperis on August 16, 2019 (ECF No. 4), dismissed Plaintiff's Complaint without prejudice, and gave Plaintiff an opportunity to file an amended complaint within 30 days of the August 16, 2019 Order. To date, the Plaintiff, Candice Towner, has not filed an amended Complaint and, as such, the Court recommends dismissal with prejudice of Plaintiff's Complaint.
ORDER
IT IS HEREBY ORDERED that Defendant's Motion (ECF No. 5) is denied as moot. REPORT AND RECOMMENDATION
IT IS HEREBY RECOMMENDED that this matter be dismissed with prejudice as Plaintiff failed to file a complaint establishing diversity or federal subject matter jurisdiction and has not filed an amended complaint since the August 16, 2019 Order providing her an opportunity to do so.
Source: Leagle
