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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?