Conte v. United States Office of Personnel Management
| Wayne D. Conte |
| United States Office of Personnel Management |
| 2:2024cv00949 |
| May 21, 2024 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Elayna J Youchah |
| Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 5/24/2024. Plaintiff Wayne D. Conte requests a hearing because his troubling health conditions may interfere with his ability to litigate this matter. ECF No. #2 . However, Conte's motion is premature. Conte has applied to proceed in forma pauperis, therefore the court must first screen his complaint to determine whether he has a viable claim. 28 U.S.C. 1915(e)(2). Accordingly, because Conte's complaint must be reviewed by the magistrate judge, his request for a speedy hearing (ECF No. #2 ) is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
Filing 6
ORDER Granting #1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that Plaintiff's Complaint (ECF No. #1 -1) is DISMISSED without prejudice, but with leave to amend. IT IS FURTHER ORDERED that Plaintiff may file an amended complaint, if he so chooses, that states a claim against a non-immune defendant. Plaintiff is advised not to repeat claims asserted against an immune defendant as discussed above. Plaintiff's amended complaint must be complete in and of itself. The Court cannot refer to Plaintiff's original Complaint when it screens Plaintiff's amended complaint. If Plaintiff chooses to file an amended complaint, he must do so no later than June 24, 2024. IT IS FURTHER ORDERED that if Plaintiff fails to comply with this Order on or before June 24, 2024, the Court will recommend this action be dismissed without prejudice in its entirety. Amended Complaint deadline: 6/24/2024. Signed by Magistrate Judge Elayna J. Youchah on 5/23/2024. (Copies have been distributed pursuant to the NEF - RJDG)
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| Filing 4 ADVISORY LETTER to litigant. (CAH) |
| Filing 3 Consent for Electronic Service of Documents by Plaintiff Wayne D. Conte. (CAH) |
| Filing 2 MOTION for Speedy Hearing by Plaintiff Wayne D. Conte. Responses due by 6/4/2024. (CAH) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Wayne D. Conte. (Attachments: #1 Complaint)(CAH) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (CAH) |
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| Defendant: United States Office of Personnel Management | |
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| Plaintiff: Wayne D. Conte | |
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