Ackerman v. State of Nevada Department of Corrections et al

Filing 22

ORDER Granting Plaintiff's 18 , 19 , and 21 Motions for Enlargement of Time. Plaintiff shall have until 12/1/2014 to retain new counsel who shall file a notice of appearance or file a statement that he will proceed pro se. Signed by Magistrate Judge Peggy A. Leen on 10/30/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HOWARD ACKERMAN,

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Case No. 2:14-cv-00019-GMN-PAL
Plaintiff,

v.

ORDER
(Mtn to Enlarge Time – Dkt. ##18, 19, 21)

STATE OF NEVADA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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This matter is before the court on Plaintiff Howard Ackerman’s Motion for Enlargement

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of Time (Dkt. ##18, 19, 21) filed September 24 and 25, 2014, and October 30, 2014,

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respectively. Defendants filed a Non-Opposition to the first two Motions. The court has

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considered the Motions and the Non-Opposition.

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In an Order (Dkt. #10), the court granted Plaintiff’s former counsel’s Motion to

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Withdraw (Dkt. #8) and gave Plaintiff until July 31, 2014, in which to retain new counsel or file

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a statement that he would proceed pro se. On July 17, 2014, Plaintiff requested additional time

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in which to retain counsel. See Motion (Dkt. #12). The court granted the request in an Order

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(Dkt. #13) entered July 23, 2014, and gave Plaintiff until September 30, 2014, in which to retain

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counsel or file a statement that he would proceed pro se.

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Plaintiff’s Motions represent that on September 15, 2014, he contacted attorney Jeffrey

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Pitegoff about possible representation. Mr. Pitegoff told Plaintiff he needed time to review the

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case. On October 30, 2014, Mr. Pitegoff told Plaintiff he needs additional time to review the

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voluminous files in this case before he could determine whether to represent Plaintiff. Plaintiff

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therefore requests an additional thirty days to either retain counsel or file a statement that he will

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proceed pro se.

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The court finds Plaintiff has stated good cause to grant the requested extension of time, as

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it appears Plaintiff has diligently been attempting to retain substitute counsel and comply with

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the court’s previous Orders. Plaintiff is admonished, however, not to file multiple requests for

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the same relief. Filing multiple documents requesting the same relief unnecessarily multiplies

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these proceedings for the parties and the court.

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff’s Motions for Enlargement of Time (Dkt. #18, 19, 21) are GRANTED.

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Plaintiff shall have until December 1, 2014, in which to retain new counsel who shall

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file a notice of appearance in accordance with the Local Rules or file a statement that

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he will proceed pro se.

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2. Failure to comply with this order may result in a recommendation to the district judge
for sanctions, including case-dispositive sanctions.
Dated this 30th day of October, 2014.

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____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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