LARRY EDWARD ADAMS V. E. K. MCDANIEL ET AL

Filing 266

ORDER granting 265 Motion to Extend Deadline. Replies due by 3/6/2012 re 260 MOTION to Amend or Alter Amended Judgment. Signed by Judge Kent J. Dawson on 2/21/12. (Copies have been distributed pursuant to the NEF - ECS)

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RENE L. VALLADARES
Federal Public Defender
State Bar No. 11479
GARY TAYLOR
State Bar No. 11031C
Assistant Federal Public Defender
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
(Fax) 388-6261

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Attorney for Petitioner
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Case No. 2:98-cv-1441-KJD-PAL

LARRY EDWARD ADAMS,
Petitioner,

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vs.

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UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME

RENEE BAKER, et al.,

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(Death Penalty Case)

Respondents.

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Petitioner, by and through counsel, GARY TAYLOR, hereby moves this Honorable

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Court for a fourteen (14) day enlargement of time, up to and including Tuesday, March 6,

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2012, in which to serve and file a reply to Respondents’ Response to Motion to Alter of

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Amend Judgment (Docket No. 263). The response is currently due on February 21, 2012.

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This motion is made and based upon the provisions of Rule 6(b) of the Federal Rules

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of Civil Procedure and the attached declaration of counsel. This is Petitioner’s first request

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for an extension of time in which to file a reply and is made in good faith and not for

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purposes of delay.

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Respectfully submitted this 17th day of February, 2012. .

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RENE L. VALLADARES
Federal Public Defender

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/s/ Gary A. Taylor
GARY A. TAYLOR
Assistant Federal Public Defender
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Case 2:98-cv-01441-KJD -PAL Document 265

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Filed 02/17/12 Page 2 of 4

DECLARATION

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Gary Taylor declares as follows:

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I am an attorney at law, admitted to practice before this Court, employed as an

Assistant Federal Public Defender. I represent petitioner Larry Edward Adams in this matter.

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2.

I am an attorney licensed in the State of Texas since 1986. I am board certified

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in criminal law. I am also licensed in the State of Nevada pursuant to Nev. Sup. Ct. Rule

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49.11.

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3.

As an Assistant Federal Public Defender, I assist and supervise other attorneys

in the investigation and preparation of petitions for writs of habeas corpus and discovery
motions. I am assigned to more than eight death penalty cases.
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On February 9, 2012 Respondents filed a Opposition to Motion to Alter of

Amend Judgment (Docket No. 263).
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Due to a variety of issues, I am unable to respond to Respondent’s pleadings

within the time period established by the Court.
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I just completed a comprehensive Motion for Stay and Abeyance in McKenna

v. McDaniel, Case No. 2:11-CV-00191-JCM-PAL which was filed on February 16, 2012.
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I filed a Motion to Alter or Amend Judgement (Rule 59(e)) in this case on

January 24, 2012.
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Respondents filed their Opposition to Motion to Alter or Amend Judgment on

February 9, 2012.
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I have started a reply to respondent’s Opposition to Motion to Alter or Amend

Judgment in this case, but it is not yet completed.
10.

I contacted Heather Procter of the Nevada Attorney General’s Office,

respondents’ attorney, today and she does not oppose this request for an extension of time.
11.

I am requesting an extension of time to complete Mr. Adams’ responsive

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pleadings of at least fourteen (14) days from the date it is currently due. I assure the Court

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that I am focused on meeting this deadline and my desire is to file the responsive pleadings

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earlier if possible.
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12.

This request is not made merely for the purpose of delay, but is made in order

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to provide the Court with cogent and adequate argument, to ensure adequate representation

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of Mr. Adams’ interests, and to comply with my duty to provide competent representation

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in this and my other capital cases. Nev. R. Prof. Conduct 1.1.

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I declare under the penalty of perjury through the laws of the State of Nevada that the

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foregoing is true and correct and that this document was executed at Las Vegas, Nevada on

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the 17th day of February, 2012.

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/s/ Gary Taylor
Gary Taylor

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IT IS SO ORDERED
FEB 21, 2012

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United States District Judge

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Case 2:98-cv-01441-KJD -PAL Document 265

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Filed 02/17/12 Page 4 of 4

CERTIFICATE OF ELECTRONIC SERVICE

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In accordance with Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure, the

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undersigned hereby certifies that on the 17th day of February, 2012, a true and correct copy

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of the foregoing UNOPPOSED MOTION FOR ENLARGEMENT OF TIME was served by

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the United States District Court, CM/ECF electronic filing system to:

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Catherine Cortez Masto
Nevada Attorney General
Heather D. Procter
Assistant Attorney General
Email: [e-mail]

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/s/ Katrina Manzi
An employee of the Federal Public Defender

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