Peck v. State of Nevada, ex rel

Opinion

3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA *** 6 FRANK M. PECK, 7 Case No. 2:18-cv-00237-APG-VCF Plaintiff, 8 vs. ORDER 9 STATE OF NEVADA, et al, 10 Defendants. MOTION TO EXTEND TIME (SIXTH OR MORE REQUEST [ECF NO. 181] 11 ,

12 Before the Court is pro se plaintiff Frank M. Peck’s seventh motion to extend time to respond to 13 defendants’ motion to dismiss the second amended complaint. (ECF No. 181). The Court grants 14 plaintiff’s request for an extension of time to respond until September 9, 2021 but warns the plaintiff 15 16 that there will be no further extensions to respond to defendants’ motion to dismiss the second amended 17 complaint. 18 ACCORDINGLY, 19 IT IS ORDERED that plaintiff’s seventh motion to extend time (ECF No. 181) is GRANTED IN 20 PART. Plaintiff has until September 9, 2021 to respond to the defendants’ motion to dismiss the second 21 amended complaint as detailed in this Order. 22 NOTICE 23 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 24 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 25 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified

5 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file

3 || objections within the specified time and (2) failure to properly address and brief the objectionable issues 4 || waives the right to appeal the District Court's order and/or appeal factual issues from the order of the 5 || District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. 6 || Dist., 708 F.2d 452, 454 (9th Cir. 1983). 7 Pursuant to LR JA 3-1, plaintiffs must immediately file written notification with the Court of any 8 change of address. The notification must include proof of service upon each opposing party’s attorney, ° or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may result in dismissal of the action. IT IS SO ORDERED. os

DATED this 29th day of July 2021. Loa eect

i CAM FERENBACH 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25