Guy v. Baker

Filing 140

ORDER granting 139 Motion to Extend Time Re: 90 Petition for Writ of Respondents' Answer(s) due 1/13/2022. Signed by Judge Andrew P. Gordon on 11/30/2021. (Copies have been distributed pursuant to the NEF - DRS)

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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,

5 v.
6 WILLIAM GITTERE, et al.,

(ECF No. 139)

Respondents.

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME

In this capital habeas corpus action, after an initial period of 119 days, and extensions of

9 60, 62, 45, and 32 days, the respondents were due to file their answer to Petitioner Curtis Guy’s
10 second amended habeas petition by October 28, 2021. See Order entered January 15, 2021 (ECF
11 No. 130) (initial 119-day period); Order entered May 17, 2021 (ECF No. 132) (60-day
12 extension); Order entered July 14, 2021 (ECF No. 134) (62-day extension); Order entered
13 September 14, 2021 (ECF No. 136) (45-day extension); Order entered November 1, 2021 (3214 day extension).
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The second amended petition was filed on March 18, 2019 (ECF No. 90). Respondents

16 filed a motion to dismiss on November 4, 2019 (ECF No. 105), and that motion was resolved on
17 January 15, 2021 (ECF No. 130). Following the Court’s order resolving the motion to dismiss,
18 Respondents have had more than ten months to file their answer.
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On November 29, 2021, Respondents filed a motion for extension of time (ECF No. 139),

20 requesting a further 45-day extension, to January 13, 2022. Respondents’ counsel states that the
21 extension is necessary because of her obligations in other cases, administrative matters at the
22 office of the Nevada Attorney General, illness, and preplanned time away from her office. The
23 petitioner does not oppose the motion. Respondents’ motion for extension of time is made in

1 good faith and not solely for the purpose of delay, and there is good cause for the extension of
2 time.
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I THEREFORE ORDER that Respondents’ Motion for Enlargement of Time (ECF

4 No. 139) is GRANTED. Respondents will have until and including January 13, 2022, to file
5 their answer. In all other respects, the schedule for further proceedings set forth in the order
6 entered November 26, 2018 (ECF No. 85) will remain in effect.
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Dated: November 30, 2021

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________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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