Judge Andrew P. Gordon kicked off the end of a busy week in Jose “Chille” DeCastro’s federal civil rights lawsuit against the Las Vegas Metro Police by granting the YouTuber his requested 30-day delay.
DeCastro had filed a motion on December 22, 2023, to either strike the Defense’s Motion to Dismiss or give him an extension of 30 days to reply to it. The YouTuber cited the holidays, being a pro se defendant and working on the appeal in his Ironton, Ohio, based lawsuit as reasons for the delay.
The self-proclaimed journalist also took issue with the defense in the filing as he claimed that the defense willingly sent a thumb drive to his old mailing address. He omitted that he had filed the paperwork to change his mailing address after the evidence had been mailed and currently still uses the old address in his court filings.
In his reasoning for the motion to strike, DeCastro claimed that the defense should not get another chance to reply to his second amended complaint as it was essentially a carbon copy of his first amended complaint and the defense should only have been allowed to reply to the new arguments contained in the filing.
DeCastro also took issue with the bodycam video submitted by the defense. He claimed that the videos were incomplete and suggested that the police should have submitted his footage of his March arrest instead, as it was the “best evidence.”
Judge Gordon ignored DeCastro’s arguments, granting the extension without comment.
DeCastro now has until January 26, 2024, to reply to the motion to dismiss.
