Williams v. State of Mississippi
Williams v. State of Mississippi
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4, Merlin Lent Williams, Case No. 2:23-cv-00054-CDS-BNW 5 Plaintiff Order Dismissing Case 6 v. 7|| State of Mississippi, et al., [ECF Nos. 1,17] 8 Defendants 9 10 On April 17, 2023, Magistrate Judge Brenda Weksler dismissed pro se plaintiff Merlin 11} Lkent Williams’s complaint without prejudice and with leave to amend. ECF No. 16. The 12|| deadline for Williams to file an amended complaint was May 17, 2023. Id. To date, he has not done so. However, on May 30, 2023, he filed a “motion to proceed pursuant to
28 U.S.C. § 1915(g),” along with a 45-page brief in support. ECF Nos. 17, 18. Although I must construe pro se pleadings liberally, even doing so here, I decline to find that Williams’s filings constitute an 16]| amended complaint. See Erickson v. Pardus,
551 U.S. 89, 94(2007) (quoting Estelle v. Gamble, 429 17] U.S. 97, 106 (1976)) (“A document filed pro se is ‘to be liberally construed.”). Even if I did, 18]| Williams filed it past the deadline without good cause for the delay. In her order dismissing 19] Williams’s complaint, Judge Weksler indicated that Williams’s case would be dismissed if he did not file an amended complaint by the deadline. ECF No. 16. He was therefore on notice that his case would be dismissed. Because there is no operative complaint in this matter and no claims remain, I sua sponte dismiss this case and direct the Clerk Court to close it. 23 DATED: June 22, 2023 LZ 24 CristiawD. Silva 25 United States District Judge 26
Reference
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