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

Filing 331

ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 330 ) is granted. Respondents will have until and including January 12, 2023, to file their response to Petitioner's reply (ECF No. 327 ) to their amended supplemental answer (ECF No. 323 ). Signed by Chief Judge Miranda M. Du on 1/6/2023. (Copies have been distributed pursuant to the NEF - DRM)

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Case 2:98-cv-01263-MMD-BNW Document 331 Filed 01/06/23 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 7 8 9 Case No. 2:98-cv-01263-MMD-BNW DAVID BOLLINGER , v. Petitioner, ORDER WILLIAM REUBART, et al., Respondents. 10 11 In this capital habeas corpus action, on July 25, 2022, Respondents filed an 12 amended supplemental answer (ECF No. 323), responding to Petitioner David Bollinger’s 13 Claim 7D, as directed in the order of May 24, 2022 (ECF No. 322). Bollinger filed a reply 14 to the amended supplemental answer on October 21, 2022. (ECF No. 327.) Then, after 15 an initial 30-day period and a 45-day extension of time, Respondents were due on 16 January 5, 2023, to file their response to Bollinger’s reply. (ECF Nos. 322, 329.) 17 On January 5, 2023, Respondents filed a motion for extension of time (ECF No. 18 330 (“Motion”)), requesting a seven-day extension of time, to January 12, 2023, to file 19 their response to Bollinger’s reply. Respondents’ counsel states that the extension of time 20 is necessary primarily because of his obligations in other cases. Respondents’ counsel 21 represents that Bollinger, who is represented by appointed counsel, does not oppose the 22 Motion. 23 24 The Court finds that Respondents’ Motion is made in good faith and not solely for the purpose of delay, and that there is good cause for the extension of time requested. 25 It is therefore ordered that Respondents’ Motion for Enlargement of Time (ECF No. 26 330) is granted. Respondents will have until and including January 12, 2023, to file their 27 response to Petitioner’s reply to their amended supplemental answer. 28 Case 2:98-cv-01263-MMD-BNW Document 331 Filed 01/06/23 Page 2 of 2 1 DATED THIS 6th Day of January 2023. 2 3 4 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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