STERLING ATKINS v. E.K. MCDANIEL (DEATH PENALTY)

Filing 177

ORDER. IT IS HEREBY ORDERED that petitioner's Motion for Extension of time 176 is GRANTED. Petitioner shall have until and including 6/6/16, to file and serve a fourth amended petition for writ of habeas corpus.IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 8/10/15 167 shall remain in effect Signed by Judge James C. Mahan on 3/30/16. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STERLING ATKINS,

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Petitioner,

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vs.

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2:02-cv-01348-JCM-PAL

RENEE BAKER, et al.,

ORDER
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Respondents.
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In this capital habeas corpus action, the petitioner, Sterling Atkins, is due to file his fourth

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amended habeas petition by April 6, 2016. See Order entered August 10, 2015 (ECF No. 167);

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Order entered February 8, 2016 (ECF No. 175).

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On March 25, 2016, Atkins filed a motion for extension of time (ECF No. 176), requesting

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an extension of time to June 6, 2016 -- a 61-day extension of time -- to file his fourth amended

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petition. Atkins’ counsel states that the extension of time is necessary because of delay caused by

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the budgeting process for the case, because of difficulties caused by the large record in the case, and

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because of his responsibilities in other cases. This is the second extension of this deadline; it was

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previously extended by 58 days. Respondents do not oppose the motion for extension of time. The

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court finds that Atkins’ motion for extension of time is made in good faith and not solely for the

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purpose of delay, and that there is good cause for the requested extension of time.

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IT IS THEREFORE ORDERED that petitioner’s motion for extension of time

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(ECF No. 176) is GRANTED. Petitioner shall have until and including June 6, 2016, to file and

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serve a fourth amended petition for writ of habeas corpus.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered August 10, 2015 (ECF No. 167) shall remain in effect.

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March 30, 2016.
Dated this _____ day of March, 2016.

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______________________________________
UNITED STATES DISTRICT JUDGE

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