Gallo v. Burson et al

Filing 10

ORDER granting 9 Motion to Extend Deadline. Amended Complaint deadline: 4/30/2012. Signed by Magistrate Judge Carl W. Hoffman on 3/9/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD E. GALLO,
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Plaintiff,
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vs.
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CHERYL BURSON, et al.,
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Defendants.
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Case No. 2:11-cv-01080-PMP-CWH
ORDER

This matter is before the Court on Plaintiff’s Motion for Enlargement of Time to File
Amended Complaint (#9), filed March 7, 2012.
Pursuant to Federal Rule of Civil Procedure 6(b)(1), “[w]hen an act may or must be done

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within a specified time, the court may, for good cause, extend the time: (A) with or without motion

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or notice if the court acts, or if a request is made, before the original time or its extension expires.”

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Fed. R. Civ. P. 6(b)(1)(A). Good cause is equated with the exercise of due diligence. Guillen v.

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Owens, 2011 WL 6032861 (D.Ariz.) (citing Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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609 (9th Cir. 1992)). On February 13, 2012, the Court entered an order dismissing Plaintiff’s

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complaint without prejudice but gave Plaintiff 30 days to amend. See Order (#8). By way of this

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motion, Plaintiff requests an additional forty-five (45) days to file his amended complaint. Plaintiff

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states that he has made every effort comply with the Court’s 30-day deadline but, because of his

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limited law library access and the lag between when materials are requested and received from the

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law library, he will be unable to file his amended complaint in the time frame set by the Court. The

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Court finds that Plaintiff has demonstrated good cause for the requested extension. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Enlargement of Time to File
Amended Complaint (#9) is granted. Plaintiff shall have until Monday, April 30, 2012, to file his

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amended complaint.
DATED this 9th day of March, 2012.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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