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

Filing 198

ORDER. IT IS THEREFORE ORDERED that 197 petitioner's Motion for Extension of Time is GRANTED. Petitioner shall have until 4/21/17, to respond to 192 the motion todismiss. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in 167 the order entered 8/10/16 shall remain in effect. Signed by Judge James C. Mahan on 2/16/17. (Copies have been distributed pursuant to the NEF - ADR)

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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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TIMOTHY FILSON et al.,

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2:02-cv-01348-JCM-PAL

Respondents.

ORDER

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/

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The petitioner in this capital habeas corpus action, Sterling Atkins, filed a fourth amended

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habeas petition on August 26, 2016 (ECF No. 183). Respondents filed a motion to dismiss

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on December 22, 2016 (ECF No. 192). Atkins is due to respond to the motion to dismiss by

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February 21, 2017. See Order entered August 10, 2015 (ECF No. 167) (60 days for response)

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(February 20 is a holiday).

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On February 13, 2017, Atkins filed a motion for an extension of time (ECF No. 197),

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requesting an extension of time to April 21, 2017, a 59-day extension, for his response to the motion

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to dismiss. This would be the first extension of this deadline. Atkins’ counsel states that the

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extension of time is necessary because of the complexity of the motion to dismiss, and his

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obligations in other cases. Respondents do not oppose the motion for extension of time. The court

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

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

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The court will grant the motion for extension of time. However, in light of the amount of

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time Atkins will have had to respond to the motion to dismiss (some 120 days), the court will not

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look favorably upon any motion to further extend this deadline.

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IT IS THEREFORE ORDERED that petitioner’s Motion for Extension of Time (ECF

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No. 197) is GRANTED. Petitioner shall have until April 21, 2017, to respond to the motion to

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dismiss (ECF No. 192).

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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, 2016 (ECF No. 167) shall remain in effect.

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February 16, 2017.
Dated this _____ day of February, 2017.

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______________________________________
UNITED STATES DISTRICT JUDGE

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