Guy v. Baker

Filing 163

ORDER Granting 162 Motion to Extend Time to File Reply to 160 Answer to Habeas Petition re 90 Petition for Writ of Habeas Corpus. Replies due by 5/31/2023.IT IS FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 25(d), Will iam Gittere is substituted for William Reubart, as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Andrew P. Gordon on 4/13/2023. (Copies have been distributed pursuant to the NEF - KF)

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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.,

ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF No. 162)

Respondents.

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In this capital habeas corpus action, the respondents filed an amended answer on

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9 November 17, 2022 (ECF No. 160) pursuant to the order entered May 26, 2022 (ECF No. 152).
10 Petitioner Curtis Guy, who is represented by appointed counsel, was then due to file a reply by
11 April 17, 2023. (See ECF No. 152 (150 days for reply) (April 16 is a Sunday).)
On April 12, 2023, Guy filed a motion for extension of time (ECF No. 162), requesting

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13 an extension of time to May 31, 2023—a 44-day extension—to file his reply. Guy’s counsel
14 states that the extension of time is necessary because of her obligations in other cases and her
15 supervisory duties at the office of the Federal Public Defender for the Central District of
16 California. This would be the first extension of this deadline. Guy’s counsel represents that the
17 respondents do not oppose the motion for extension of time. I find that Guy’s motion for
18 extension of time is made in good faith and not solely for the purpose of delay, and that there is
19 good cause for the requested extension of time.
I THEREFORE ORDER that Petitioner’s Motion for Enlargement of Time (ECF

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21 No. 162) is GRANTED. Petitioner will have until and including May 31, 2023, to file his reply.
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I FURTHER ORDER that, pursuant to Federal Rule of Civil Procedure 25(d), William

2 Gittere is substituted for William Reubart, as the respondent warden. The Clerk of the Court is
3 directed to update the docket to reflect this change.
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Dated: April 13, 2023

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________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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