Joel Lynn Ball v. Sherman Hatcher, State of Nevada

977 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joel Lynn BALL, Plaintiff-Appellant, v. Sherman HATCHER, State of Nevada, et. al., Defendants-Appellees. No. 91-16912. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1992. * Decided Oct. 2, 1992. Before ALARCON, BOOCHEVER and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM ** 2 Joel Lynn Ball appeals from the order denying his motion for an enlargement of time. We reverse and remand to the district court for further proceedings to determine if the allegations in Ball's affidavit are true, and if so, whether they demonstrate that his failure to file a timely opposition to the appellees' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure was excusable. I. 3 On June 20, 1991, Ball filed a complaint pursuant to 42 U.S.C. § 1983 in which he alleged that the appellees had violated his civil rights. On July 25, 1991, the appellees filed a motion to dismiss for…