Saylor v. Wooten

Filing 37

ORDER - The Motion for Extension of Time to Submit Amended Habeas Petition (Filing No. 36 ) is granted. A second amended petition shall be submitted no later than December 11, 2018. Petitioner's Motion Requesting Time to Engage New Counsel and Prepare Second Amended Petition (Filing No. 32 ) is denied as moot. Ordered by Magistrate Judge Susan M. Bazis. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES M. SAYLOR,
Petitioner,

8:17CV442

vs.
ORDER
JEFF WOOTEN,
Respondent.
This matter is before the Court on Petitioner’s Motion for Extension of Time to Submit
Amended Habeas Petition. (Filing No. 36.)

After numerous extensions of time, Petitioner, with the assistance of counsel, filed an
amended habeas petition on July 30, 2018. (Filing No. 25.) Petitioner subsequently filed a motion
requesting time to prepare a second amended petition. (Filing No. 27.) This request was denied
on August 6, 2018 because Petitioner had not shown good cause to amend. (Filing No. 28.)
Petitioner’s counsel was granted leave to withdraw on September 4, 2018. (Filing No. 30.)
Petitioner has now retained substitute counsel. Current counsel has requested time to familiarize
himself with the case and submit a second amended petition. Given counsel’s recent appearance,
this request will be granted for good cause shown. However, counsel is advised that no further
extensions of time will be granted.

Accordingly,

IT IS ORDERED:

1.

The Motion for Extension of Time to Submit Amended Habeas Petition (Filing No.

36) is granted. A second amended petition shall be submitted no later than December 11, 2018.

2.

Petitioner’s Motion Requesting Time to Engage New Counsel and Prepare Second

Amended Petition (Filing No. 32) is denied as moot.
Dated this 1st day of October, 2018.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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