Brown v. Neven et al

Filing 50

ORDER Granting Respondents' 49 Motion to Extend Time re 15 Amended Petition for Writ of Habeas. Respondents have until 4/8/2016 to file an answer. The schedule for further proceedings set forth in the 47 Order shall remain in effect. Signed by Judge Kent J. Dawson on 3/9/2016. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 BEAU BROWN, 9 Petitioner, 10 vs. 11 2:11-cv-00790-KJD-NJK DWIGHT NEVEN, et al., ORDER 12 13 Respondents. _____________________________/ 14 15 In this habeas corpus action, brought by Nevada prisoner Beau Brown, the respondents are 16 due to file an answer, responding to the claims remaining in Brown’s first amended petition for writ 17 of habeas corpus, by March 14, 2016. See Order entered November 9, 2015 (ECF No. 47); Notice of 18 Abandonment of Claims, filed December 10, 2015 (ECF No. 48); see also Fed. R. Civ. P. 6(d) 19 (adding three days when service is by electronic means); Fed. R. Civ. P. 6(a)(1)(C) (deadline falling 20 on weekend). 21 On March 7, 2016, respondents filed a motion for extension of time (ECF No. 49), requesting 22 an extension of time to April 8, 2016 -- a 25-day extension of time -- to file their answer. 23 Respondents’ counsel states that the extension of time is necessary primarily because of the number 24 of claims remaining in Brown’s amended petition. Respondents’ counsel states that Brown’s 25 counsel does not oppose the motion for extension of time. The Court finds that respondents’ motion 26 for extension of time is made in good faith and not solely for the purpose of delay, and that there is 1 good cause for the extension of time requested. The Court will grant the motion for extension of 2 time. 3 IT IS THEREFORE ORDERED that respondents’ Motion for Enlargement of Time 4 (ECF No. 49) is GRANTED. Respondents shall have until and including April 8, 2016, to file an 5 answer, responding to the claims remaining in Brown’s first amended petition for writ of habeas 6 corpus. 7 IT IS FURTHER ORDERED that, in all other respects, the schedule for further 8 proceedings set forth in the order entered November 9, 2015 (ECF No. 47) shall remain in effect. 9 10 11 Dated this _____ day of March, 2016. 9 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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