William P. Castillo VS E.K. McDaniel. et al., (DEATH PENALTY)

Filing 267

ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 266 ) is GRANTED. Respondents will have until and including June 23, 2022, to file their responding brief on remand. The Court will not look favorably upon any fu rther motion to extend this deadline. IT IS FURTHER ORDERED that the Court will sua sponte extend the time for Petitioner to file his reply brief to 90 days after Respondents file their responding brief. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Reubart is substituted for William Gittere as the respondent warden, and Aaron D. Ford is substituted for Adam Paul Laxalt, as the respondent Nevada Attorney General. The Clerk of the Court is directed to update the docket to reflect these changes. Signed by Judge Robert C. Jones on 5/9/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:04-cv-00868-RCJ-EJY Document 267 Filed 05/09/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIAM P. CASTILLO,

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Petitioner,

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Case No. 2:04-cv-00868-RCJ-EJY

v.

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 266)

WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, on May 25, 2021, the petitioner, William P.

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Castillo, represented by appointed counsel, filed his opening brief on remand (ECF No.

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255). After a 60-day initial period, a 62-day extension, three 60-day extensions, and a

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45-day extension, Respondents were due to file their responding brief on May 9, 2022.

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See Order entered January 25, 2021 (ECF No. 252) (initial 60-day period for responding

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brief); Order entered September 8, 2021 (ECF No. 257) (60-day extension); Order

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entered October 21, 2021 (ECF No. 259) (60-day extension); Order entered December

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28, 2021 (ECF No. 261) (62-day extension); Order entered January 24, 2022 (ECF No.

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263) (60-day extension); Order entered March 25, 2022 (ECF No. 265) (45-day

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extension).

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On May 9, 2022, Respondents filed a motion for extension of time (ECF No.

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266), requesting a further 45-day extension of time, to June 23, 2022, to file their

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responding brief on remand. Respondents’ counsel states that the extension of time is

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necessary because of her obligations in other cases and other professional

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responsibilities, and because of personal health issues. Petitioner does not oppose the

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motion for extension of time. The Court finds that the motion for extension of time is
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Case 2:04-cv-00868-RCJ-EJY Document 267 Filed 05/09/22 Page 2 of 2

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

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the extension of time.

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However, Respondents will now have had over a year since Castillo filed his brief

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on remand to file their responding brief. The Court will not look favorably upon any

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further motion to extend this deadline.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement of

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Time (ECF No. 266) is GRANTED. Respondents will have until and including

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June 23, 2022, to file their responding brief on remand.

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IT IS FURTHER ORDERED that the Court will sua sponte extend the time for
Petitioner to file his reply brief to 90 days after Respondents file their responding brief.
IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure

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25(d), William Reubart is substituted for William Gittere as the respondent warden, and

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Aaron D. Ford is substituted for Adam Paul Laxalt, as the respondent Nevada Attorney

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General. The Clerk of the Court is directed to update the docket to reflect these

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changes.

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DATED THIS 9th day of May, 2022.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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