Flanagan v. McDaniel

Filing 220

ORDER. IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time (ECF No. 219 ) is GRANTED. Petitioner will have until and including March 27, 2025, to file a reply to Respondents' answer, along with any motion for leave to conduct discovery and any motion for evidentiary hearing. Dale Edward Flanagan answer due 3/27/2025. Signed by Judge Kent J. Dawson on 1/7/2025. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DALE EDWARD FLANAGAN,

Case No. 2:09-cv-00085-KJD-EJY

Petitioner,

ORDER

v.
JEREMY BEAN, et al.,
Respondents.

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In this capital habeas corpus action, the petitioner, Dale Edward Flanagan,

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represented by appointed counsel, was due to file his reply to the respondents’ answer,

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along with any motion for leave to conduct discovery and any motion for evidentiary

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hearing, by January 6, 2025. See ECF No. 218.

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On January 6, 2025, Flanagan filed a motion for extension of time (ECF No. 219)

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requesting a further 30-day extension. Flanagan’s counsel states that this would be the

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last extension requested. Counsel details the reasons why the extension is necessary,

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including need for further investigation, need to consult with Flanagan, lead counsel’s

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medical condition, and a resulting shift in responsibilities between counsel. ECF No. 219

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at 1–2. Flanagan’s counsel represents that Respondents do not oppose the extension

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of time. Id. at 3. The Court finds that the motion for extension of time is made in good

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

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extension of time.

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In view of the circumstances described by counsel, and to ensure that this is in

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fact the last extension of this deadline, the Court will grant Flanagan an 80-day

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extension, to March 27, 2025. The Court will not further extend this deadline absent

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extraordinary circumstances.

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

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(ECF No. 219) is GRANTED. Petitioner will have until and including March 27, 2025, to

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file a reply to Respondents’ answer, along with any motion for leave to conduct

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discovery and any motion for evidentiary hearing.

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DATED THIS 7th day of January, 2025.

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KENT J. DAWSON,
UNITED STATES DISTRICT JUDGE

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