DAVID BOLLINGER v. E.K. MCDANIEL, et al.

Filing 266

ORDER that Respondents' Motion for Enlargement of Time (ECF No. 263 ) is granted. Respondents' responses to the motion for leave to supplement petition and the motion for relief from judgment (ECF Nos. 264 , 265 ) will be treated as timely filed. Signed by Judge Miranda M. Du on 10/30/2018. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8

DAVID BOLLINGER ,

9
10
11

Case No. 2:98-cv-01263-MMD-PAL
Petitioner,

v.

ORDER

WILLIAM GITTERE , et al.,

12

Respondents.

13
14

This is a capital habeas corpus action, brought by David Bollinger, a Nevada

15

prisoner under sentence of death. The Court denied Bollinger habeas corpus relief on

16

March 4, 2015 (ECF No. 243) and judgment was entered on March 5, 2015 (ECF No.

17

244). Bollinger appealed, and the case is pending on appeal.

18

On August 22, 2018, Bollinger filed a motion for leave to supplement his Petition

19

(ECF No. 256), and on August 23, 2018, he filed a motion for relief from judgment (ECF

20

No. 259). After an extension of time, Respondents’ responses to those motions were due

21

on October 22, 2018.

22
23
24
25

On October 22, 2018, Respondents filed a motion requesting a second extension
of time to respond to Bollinger’s motions—to October 29, 2018. (ECF No. 263.)
On October 29, 2018, Respondents filed their responses to Bollinger’s motions.
(ECF Nos. 264, 265).

26

Respondents’ counsel states, in the motion for extension of time, that the extension

27

of time was necessary because of her responsibilities in other cases. There is no

28

indication that the Petitioner opposed the motion for extension of time. The Court finds

1

that Respondents’ motion for extension of time was made in good faith and not solely for

2

the purpose of delay, and that there is good cause for the extension of time requested.

3

It is therefore ordered that Respondents’ Motion for Enlargement of Time (ECF No.

4

263) is granted. Respondents’ responses to the motion for leave to supplement petition

5

and the motion for relief from judgment (ECF Nos. 264, 265) will be treated as timely filed.

6

DATED THIS 30th day of October 2018.

7
8
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2