Erwin v. Reubart ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 PAMELA ERWIN, Case No. 2:23-cv-00697-ART-NJK 5 Petitioner, ORDER 6 v. 7 WILLIAM REUBART, et al., 8 Respondents. 9 10 In this habeas corpus action the petitioner, Pamela Erwin, represented by 11 appointed counsel, filed a first amended petition for writ of habeas corpus on 12 April 29, 2024. (ECF No. 19.) On that same date, Erwin filed a motion for leave of 13 court to file a second amended petition. (ECF No. 21.) 14 In the motion for leave to file a second amended petition, Erwin states that 15 they filed the first amended petition as a “protective” petition, on the date on 16 which they believe the applicable statute of limitations expired. (Id. at 2.) Erwin 17 states that they wish to further investigate the case, however, and file a second 18 amended petition. (Id.) The respondents filed a notice on May 13, 2024, stating 19 that they do not oppose Erwin’s motion for leave to file a second amended petition. 20 (ECF No. 22.) Under Federal Rule of Civil Procedure 15(a)(2), a party may amend 21 a pleading with the Court’s leave. “The court should freely give leave when justice 22 so requires.” Fed. R. Civ. P. 15(a)(2). “This policy is to be applied with extreme 23 liberality.” Hoang v. Bank of Am., N.A., 910 F.3d 1096, 1102 (9th Cir. 2018) 24 (internal quotation marks omitted). The Court determines that there is good 25 cause for Erwin to file a second amended petition. The Court will grant Erwin’s 26 motion. 27 In granting this motion, the Court does not comment upon, or affect in any 28 manner, the operation of any statute of limitations. 1 It is therefore ordered that Petitioner’s Motion for Leave to File a Second 2 || Amended Petition (ECF No. 21) is granted. Petitioner is granted leave of court to 3 || file a second amended petition for writ of habeas corpus. Petitioner will have 90 4 || days from the date this order is entered to file the second amended petition. In 5 || all other respects, the schedule for further proceedings set forth in the scheduling 6 || order entered December 1, 2023 (ECF No. 12) will remain in effect. 7 Dated this 20t day of May 2024. 8 9 Apa □ losed Jer 10 ANNE R. TRAUM 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28