Flowers v. Baca et al

Filing 42

ORDER that Plaintiff's Ex Parte Motion for Deadline to File Amended Complaint (ECF No. 40 ) is GRANTED; the hearing set for 9/17/2019 (ECF No. 41 ) is VACATED. Signed by Judge Robert C. Jones on 8/27/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 *** 3 4 5 6 John Flowers, Plaintiff, v. 3:14-cv-00366-RCJ-WGC Isidro Baca, et al., ORDER Defendant. 7 8 The Plaintiff moves this Court to allow him sixty days to file an amended complaint with 9 the aid of newly acquired counsel. Since the case has not progressed past screening, the Defendants 10 have not yet been served for this case. Hence, the Plaintiff filed the motion ex parte. Instant counsel 11 was appointed after the Court’s deadline to amend the complaint, which expired more than nine 12 months ago; however, the Court finds good cause for the amendment. 13 The Plaintiff initiated the litigation pro se. The Court dismissed the complaint with 14 prejudice, but the Ninth Circuit vacated and remanded to allow for amendment. Last year, the 15 circuit appointed prior counsel for the Plaintiff. But that counsel withdrew from the case without 16 amending the pleading. Substitute counsel was just recently appointed to this matter and filed the 17 instant motion. Accordingly, the Court finds that the Plaintiff is entitled to file an amended 18 complaint and has sixty days from the filing of this order to do so. CONCLUSION 19 20 21 22 23 IT IS HEREBY ORDERED that the Plaintiff’s Ex Parte Motion for Deadline to File Amended Complaint (ECF No. 40) is GRANTED. IT IS FURTHER ORDERED that the hearing set for 9/17/2019 (ECF No. 41) is VACATED. 24 IT IS SO ORDERED. 25 Dated this 27th day of August 2019. 26 27 _________________________________ ROBERT C. JONES United States District Judge

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