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

Filing 346

ORDER granting ECF Nos. 344 , 345 Motions to Extend Time. Response to ECF No. 337 Motion to alter or amend judgment and ECF No. 339 Motion for relief from judgment due by 5/5/2023. Signed by Chief Judge Miranda M. Du on 4/10/2023. (Copies have been distributed pursuant to the NEF - DLS)

Case 2:98-cv-01263-MMD-BNW Document 346 Filed 04/10/23 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 GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, on February 24, 2023, the Court granted

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Respondents’ motion for reconsideration (ECF No. 333), vacated the order granting

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Petitioner David Bollinger relief from judgment (ECF No. 279), reinstated the judgment

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entered on March 5, 2015 (ECF No. 244), vacated the order granting Bollinger leave to

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amend his third amended petition to include his Claim 7D (ECF No. 279), ordered that

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Bollinger’s third amended habeas petition will no longer be treated as amended to include

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Claim 7D, and denied Bollinger a certificate of appealability. (ECF No. 336.) On March

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24, 2023, Bollinger filed a motion to alter or amend judgment under Rule 59(e) or, in the

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alternative, motion for reconsideration (ECF No. 337), and a motion for relief from

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judgment under Rule 60(b) (ECF No. 339) (“March 24 motions”). Respondents were due

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to respond to Bollinger’s March 24 motions by April 7, 2023.

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On April 7, 2023, Respondents filed two motions for extension of time (ECF Nos.

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344, 345), requesting that the time for them to respond to Bollinger’s March 24 motions

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be extended by 28 days, to May 5, 2023. Respondents’ counsel states that the extensions

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of time are necessary because of time he has been away from his office on previously

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scheduled leave, and because of his obligations in other cases. Respondents’ counsel

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Case 2:98-cv-01263-MMD-BNW Document 346 Filed 04/10/23 Page 2 of 2

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represents that Bollinger, who is represented by appointed counsel, does not oppose the

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motions for extension of time.

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The Court finds that Respondents’ motions for extension of time are made in good

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faith and not solely for the purpose of delay, and that there is good cause for the

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extensions of time requested.

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It is therefore ordered that Respondents’ Motions for Enlargement of Time (ECF

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Nos. 344, 345) are granted. Respondents will have until and including May 5, 2023, to file

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their responses to Petitioner’s motion to alter or amend judgment under Rule 59(e) or, in

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the alternative, motion for reconsideration (ECF No. 337), and motion for relief from

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judgment under Rule 60(b) (ECF No. 339).

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DATED THIS 10th Day of April 2023.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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