Floyd v. McDaniel, et al

Filing 196

ORDER Granting 194 Motion to Extend Time Re: 183 Motion, 185 Motion. Replies due by 5/11/2021. Signed by Judge Richard F. Boulware, II on 5/6/2021. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ZANE FLOYD,

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Petitioner,

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Case No. 2:06-cv-00471-RFB-CWH

v.

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ORDER

WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, this Court denied the habeas petition of Zane

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Floyd in 2014 (ECF Nos. 145, 146, 163, 164), and the Ninth Circuit Court of Appeals

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affirmed on October 11, 2019 (ECF No. 179) and issued its mandate on November 5,

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2020 (ECF No. 180).

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On April 15, 2021, the petitioner, Zane Floyd, represented by appointed counsel,

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filed a Motion for Relief from Judgment (ECF No. 183) and a Motion for Leave to

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Supplement Petition (ECF No. 185). The respondents filed responses to those motions

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on April 29, 2021 (ECF Nos. 192, 193). Floyd was then due to file replies to Respondents’

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responses by May 6, 2021. See LR 7-2(b) (seven days for replies).

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On May 5, 2021, Floyd filed a motion for extension of time (ECF No. 194),

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requesting a 5-day extension of time, to May 11, 2021, to file replies in support of his

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motions. Floyd’s counsel states that the extension of time is necessary because of his

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obligations in other cases, including Floyd’s action brought under 42 U.S.C. § 1983.

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Floyd’s counsel states that Respondents’ counsel does not object to the extension of time.

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The Court finds that Floyd’s motion for extension of time is made in good faith and

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not solely for the purpose of delay, and that there is good cause for the requested

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extension of time.

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

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No. 194) is GRANTED. Petitioner will have until and including May 11, 2021, to file replies

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in support of his Motion for Relief from Judgment (ECF No. 183) and his Motion for Leave

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to Supplement Petition (ECF No. 185).

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IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure

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25(d), the Clerk of the Court is directed to substitute William Gittere for Renee Baker as

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the respondent warden, and Aaron Ford for Adam Paul Laxalt as the respondent Attorney

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General of the State of Nevada, and the Clerk of the Court is directed to update the docket

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to reflect those changes.

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DATED THIS 6th day of May, 2021.

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RICHARD F. BOULWARE,
UNITED STATES DISTRICT JUDGE

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