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

Filing 329

ORDER - Respondents' Motion for Enlargement of Time (ECF No. 328 ) is granted. Respondents will have until and including January 5, 2023, to file their response to Petitioners reply (ECF No. 327 ) to their amended supplemental answer (ECF No. 323 ). Signed by Chief Judge Miranda M. Du on 11/16/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:98-cv-01263-MMD-BNW Document 329 Filed 11/16/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID BOLLINGER ,

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

v.

ORDER

WILLIAM REUBART, et al.,
Respondents.

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In this capital habeas corpus action, on July 25, 2022, Respondents filed an

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amended supplemental answer (ECF No. 323), responding to Petitioner David Bollinger’s

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Claim 7D, as directed in the order of May 24, 2022 (ECF No. 322). Bollinger filed a reply

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to the amended supplemental answer on October 21, 2022. (ECF No. 327.) Respondents

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then had 30 days—that is, until Monday, November 21, 2022—to file a response to

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Bollinger’s reply. (ECF No. 322.)

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On November 15, 2022, Respondents filed a motion for extension of time (ECF

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No. 328 (“Motion”)), requesting a 45-day extension of time, to January 5, 2023, to file their

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response to Bollinger’s reply. Respondents’ counsel states that the extension of time is

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necessary because he only recently took over responsibility for this case and because of

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his obligations in other cases. Respondents’ counsel represents that Bollinger, who is

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represented by appointed counsel, does not oppose the Motion. Respondents’ counsel

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also states that he will prioritize this case with the intent of completing the response to

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Bollinger’s reply by the new deadline he requests, which is January 5, 2023.

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The Court finds that Respondents’ Motion is made in good faith and not solely for

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

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Case 2:98-cv-01263-MMD-BNW Document 329 Filed 11/16/22 Page 2 of 2

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

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328) is granted. Respondents will have until and including January 5, 2023, to file their

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response to Petitioner’s reply to their amended supplemental answer.

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DATED THIS 16th Day of November 2022.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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