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

Filing 216

ORDER. IT IS ORDERED that 215 respondents' Motion for Enlargement of Time is GRANTED. Respondents shall have until and including 2/12/18, to file their answer. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 8/10/15 (ECF No. 167 ) shall remain in effect. Signed by Judge James C. Mahan on 11/28/2017. (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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In this capital habeas corpus action, the respondents were due to file their answer by
November 27, 2017. See Order entered September 28, 2017 (ECF No. 214).
On November 27, 2017, respondents filed a motion for extension of time (ECF No. 215),

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requesting a 77-day extension, to February 12, 2018, for their answer. Respondents’ counsel states

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that the extension of time is necessary because of her obligations in other cases. The petitioner does

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not oppose the extension of time. The Court finds that respondents’ motion for extension of time is

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

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requested extension of time.

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IT IS THEREFORE ORDERED that respondents’ Motion for Enlargement of Time

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(ECF No. 215) is GRANTED. Respondents shall have until and including February 12, 2018, to

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file their answer.

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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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Dated Novemberday of November, 2017.
this _____ 28, 2017.

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______________________________________
UNITED STATES DISTRICT JUDGE

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