Guy v. Baker

Filing 108

ORDER granting 107 Motion to Extend Time; Re: 105 Motion to Dismiss. Responses due by 4/3/2020. Signed by Judge Andrew P. Gordon on 1/2/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 CURTIS GUY,
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Case No.: 2:11-cv-01809-APG-NJK
Petitioner,

ORDER GRANTING MOTION FOR
EXTENSION OF TIME

5 v.
(ECF No. 107)
6 WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, the respondents filed a motion to dismiss on

9 November 4, 2019. ECF No. 105. Petitioner Curtis Guy’s response to that motion is due on
10 January 3, 2020. See ECF No. 85 (60 days for response).
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On December 30, 2019, Guy’s counsel moved for an extension of the response deadline,

12 until April 3, 2020, a 91-day extension. ECF No. 107. Guy’s counsel states that the extension is
13 necessary because she is new to the case (although she has co-counsel, who is not new to the
14 case), and because of her and co-counsel’s obligations in other cases. The respondents do not
15 oppose the extension of time.
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Guy’s motion is made in good faith and not solely for the purpose of delay, and there is

17 good cause for the extension of time. I will grant it. However, considering the amount of time
18 that Guy will have had to respond to this motion to dismiss—about five months—I will not look
19 favorably upon any motion to further extend this deadline, and I will not be inclined to grant any
20 such motion.
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I THEREFORE ORDER that petitioner Curtis Guy’s Motion for Extension of Time

22 (ECF No. 107) is GRANTED. Guy will have up to April 3, 2020, to respond to the motion to
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1 dismiss. In all other respects, the schedule for further proceedings set forth in my November 26,
2 2018 order (ECF No. 85) will remain in effect.
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Dated: January 2, 2020.

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________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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