David Michael Pellegrini vs. E.K. McDaniel, et al (DEATH PENALTY)

Filing 141

ORDER granting ECF No. 140 Motion to Extend Time : Petitioner's surreply regarding the order to show cause (ECF No. 132 ) will be due on July 7, 2021. Signed by Judge Howard D. McKibben on 7/1/2021. (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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DAVID MICHAEL PELLEGRINI,
Petitioner,

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Case No. 2:01-cv-01382-HDM-BNW
ORDER

v.
TIM GARRETT, et al.,
Respondents.

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In this habeas corpus action, on April 7, 2021, the Court ordered the petitioner,

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David Michael Pellegrini, represented by appointed counsel, to show cause why this

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action should not be dismissed for failure to prosecute and/or for failure to comply with

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the Court’s orders. See Order entered April 7, 2021 (ECF No. 132). Pellegrini filed his

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response to the order to show cause on May 8, 2021 (ECF No. 133). Respondents filed

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their reply on June 14, 2021 (ECF No. 138). Pellegrini’s surreply was then due on

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June 29, 2021. See Order entered April 7, 2021 (ECF No. 132) (15 days for surreply).

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On June 29, 2021, Pellegrini filed a motion for extension of time (ECF No. 140),

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requesting an extension of time to July 7, 2021 (an eight-day extension) for his surreply.

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Pellegrini’s counsel states that the extension of time is necessary because of her

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obligations in another case. The Court determines that the motion for extension of time

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

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cause for the extension of time.

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IT IS THEREFORE ORDERED that Petitioner’s Motion to Extend Time (ECF No.

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140) is GRANTED. Petitioner’s surreply regarding the order to show cause will be due

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on July 7, 2021.

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DATED THIS 1st day of July, 2021.

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HOWARD D. McKIBBEN,
UNITED STATES DISTRICT JUDGE

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