Guy v. Baker

Filing 142

ORDER granting 141 Motion to Extend Time re: 90 Petition for Writ. Answers are now due 1/27/2022. In all other respects, the schedule for further proceedings set forth in the 85 Order entered November 26, 2018 will remain in effect. Signed by Judge Andrew P. Gordon on 1/14/2022. (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.,
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ORDER GRANTING MOTION FOR
EXTENSION OF TIME
(ECF No. 141)

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

9 60, 62, 45, 32 and 45 days, the respondents were due to file their answer to Petitioner Curtis
10 Guy’s second amended habeas petition by January 13, 2022. See Order entered January 15, 2021
11 (ECF 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); Order entered November 30, 2021 (45-day extension).
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On January 13, 2022, Respondents filed a motion for extension of time (ECF No. 141),

16 requesting a further 14-day extension, to January 27, 2022. Respondents’ counsel states that the
17 extension is necessary because of delay caused by administrative matters at the office of the
18 Nevada Attorney General. The petitioner does not oppose the motion. Respondents’ motion for
19 extension of time is made in good faith and not solely for the purpose of delay, and there is good
20 cause for the extension of time. I will grant this motion for extension of time.
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The second amended petition was filed on March 18, 2019 (ECF No. 90). Respondents

22 filed a motion to dismiss on November 4, 2019 (ECF No. 105). The motion to dismiss was
23 resolved on January 15, 2021 (ECF No. 130). Respondents will have had over a year to file their

1 answer following the resolution of the motion to dismiss. I will not look favorably upon any
2 motion to further extend this deadline.
3

I THEREFORE ORDER that Respondents’ Motion for Enlargement of Time (ECF

4 No. 141) is GRANTED. Respondents will have until and including January 27, 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: January 14, 2022

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________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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