Mitchell v. United States of America

Filing 78

ORDER: Defendant shall file his reply on or before June 18, 2018. Signed by Judge David G Campbell on 6/14/2018. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lezmond Charles Mitchell,

No. CV-09-08089-PCT-DGC

Defendant/Movant,

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ORDER

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v.

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United States of America,

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Plaintiff/Respondent.

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Before the Court is Defendant’s unopposed motion for an extension of time to file

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a reply in support of his motion for relief from judgment under Rule 60(b)(6). (Doc. 77.)

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Defendant acknowledges that the deadline to file his reply under Local Rule 7.2(d) has

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passed. (Id. at 2.) Accordingly, his requested extension may be granted on a showing of

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good cause and excusable neglect. Fed. R. Civ. P. 6(b)(1)(B) (“When an act may or must

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be done within a specified time, the court may, for good cause, extend the time . . . on

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motion made after the time has expired if the party failed to act because of excusable

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neglect.”).

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A mistake in docketing does not ordinarily constitute excusable neglect. See

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Briones v. Riviera Hotel & Casino, 116 F.3d 379, 381 (9th Cir. 1997). However, because

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Respondent does not oppose to the extension, the requested extension is brief and will not

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impact any other proceedings, and there is no indication that Defendant acted in bad faith,

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the Court finds that Defendant’s failure to meet the deadline is excusable, and further

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finds good cause to grant Defendant’s motion for an extension of time. Therefore,

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IT IS ORDERED that Defendant file his reply on or before June 18, 2018.

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Dated this 14th day of June, 2018.

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