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

Filing 352

ORDER granting ECF Nos. 350 , 351 Motions to Extend Time : Responses to ECF Nos. 337 , 339 Motions are due by 5/12/2023. Signed by Chief Judge Miranda M. Du on 5/5/2023. (Copies have been distributed pursuant to the NEF - DRM)

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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.,

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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”). After a 28-day extension

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of time (ECF No. 346), Respondents were due to respond to Bollinger’s March 24 motions

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by May 5, 2023.

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On May 5, 2023, Respondents filed two motions for extension of time (ECF Nos.

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

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be extended by another seven days, to May 12, 2023. Respondents’ counsel states that

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the extensions of time are necessary because of his obligations in other cases.

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Respondents’ counsel represents that Bollinger, who is represented by appointed

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counsel, does not oppose the 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. 350, 351) are granted. Respondents will have until and including May 12, 2023, to

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

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in 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).
DATED THIS 5th Day of May 2023.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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