Granado #246943 v. Shinn et al

Filing 59

ORDER - IT IS ORDERED that the R&R (Doc. 51 ) is adopted, with one minor amendment, and Plaintiff's Motion to Amend (Doc. 28 ) is denied without prejudice.IT IS FURTHERED ORDERED that Plaintiff may refile his motion to amend within 15 days of this Order. (See document for further details). Signed by Judge Diane J Humetewa on 1/11/2022. (LAD)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Johnny Angel Granado, Plaintiff, 10 11 ORDER v. 12 No. CV-20-02142-PHX-DJH (CDB) David Shinn, et al., 13 Defendants. 14 15 Pending before the Court is Plaintiff's Motion to Amend the Complaint (Doc. 28) 16 and Magistrate Judge Bibles August 17, 2021 Report and Recommendation ("R&R") 17 (Doc. 51). 18 Judge Bibles recommends that "should Defendants' motion for summary judgment 19 at ECF No. 40 be denied, Plaintiff should be allowed 15 days from the date the order on 20 the motion at ECF No. 40 is docketed to refile his motion to amend and the motion to 21 amend be deemed timely." No objections were filed and the Court denied Defendants' 22 motion for summary judgment on January 6, 2022 (Doc. 57). The Court will adopt the 23 R&R but allow Plaintiff 15 days from this Order to refile his motion to 24 amend. Accordingly, IT IS ORDERED that the R&R (Doc. 51) is adopted, with one minor 25 26 amendment, and Plaintiff's Motion to Amend (Doc. 28) is denied without prejudice. 27 … 28 … 1 2 3 IT IS FURTHERED ORDERED that Plaintiff may refile his motion to amend within 15 days of this Order Dated this 11th day of January, 2022. 4 5 6 7 Honorable Diane J. Humetewa United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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