Davis v. Pickens

Filing 49

ORDER - IT IS THEREFORE ORDERED that Davis's motion for leave to amend his complaint, (ECF No. 48 ), is DENIED WITHOUT PREJUDICE. However, pursuant to the Court's Scheduling Order, (ECF No. 43 ), Davis is permitted to re-file a properl y supported motion for leave to file an amended complaint, which must include points and authorities that support amending his complaint, for the Court's consideration by no later than Monday, January 13, 2025. Signed by Magistrate Judge Carla Baldwin on 1/2/2025. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - GA)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 TERRANCE DAVIS, Case No. 3:24-CV-00119-ART-CLB 5 6 7 Plaintiff, v. [ECF No. 48] MADELINE PICKENS, et. al., 8 ORDER DENYING MOTION FOR LEAVE TO AMEND COMPLAINT Defendants. 9 10 Before the Court is Plaintiff Terrance Davis’s (“Davis”) motion for leave to file an 11 amended complaint. (ECF No. 48.) In the motion, Davis seeks to amend his complaint to 12 add defendants Warden Patricia Hernandez and Warden Tesheena Cooke. (Id. at 2.) 13 Pursuant to Local Rule 7-2(a), all motions “must be supported by a memorandum 14 of points and authorities.” “The failure of a moving party to file points and authorities in 15 support of the motion constitutes a consent to the denial of the motion.” L.R. 7-2(d). Here, 16 Davis has not provided points and authorities that explain why additional defendants 17 should be joined under the corresponding rules of Civil Procedure and what facts support 18 their addition to the case. Therefore, Davis’s motion for leave to amend his complaint, 19 (ECF No. 48), is DENIED WITHOUT PREJUDICE. However, pursuant to the Court’s 20 Scheduling Order, (ECF No. 43), Davis is permitted to re-file a properly supported motion 21 for leave to file an amended complaint, which must include points and authorities that 22 support amending his complaint, for the Court’s consideration by no later than Monday, 23 January 13, 2025. 24 IT IS SO ORDERED. 25 January 2, 2025 DATED: ______________. 26 27 28 __________________________________ UNITED STATES MAGISTRATE JUDGE

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