Depenbrock v. Neven et al
Filing
38
ORDER Granting 37 Motion to Extend Time. Amended Petition due by 11/18/2015. Signed by Judge Richard F. Boulware, II on 10/28/2015. (Copies have been distributed pursuant to the NEF - NEV)
RENE L. VALLADARES
Federal Public Defender
State Bar No. 11479
JASON F. CARR
Assistant Federal Public Defender
Nevada State Bar No. 006587
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
(702) 388-6577
(702) 388-5819 (fax)
jason_carr@fd.org
Attorney for Petitioner DEPENBROCK
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JEFFREY S. DEPENBROCK,
Petitioner,
v.
D.W. NEVEN, et al.,
Respondents.
Case No. 2:12-cv-01327-RFB-CWH
UNOPPOSED MOTION FOR AN
ENLARGEMENT OF TIME IN
WHICH TO FILE AN AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS
(Third Request)
T
COMES NOW, The petitioner, Jeffrey S. Depenbrock, by and through counsel
of record, Assistant Federal Public Defender Jason F. Carr, hereby moves this Court
for an enlargement of time of forty days (40) days from October 9, 2015, to and
including November 18, 2015, in which to file an Amended Petition for Writ of Habeas
Corpus. This motion is based upon the attached points and authorities and all
pleadings and papers on file herein.
///
///
DATED this 9th day of October, 2015.
FEDERAL PUBLIC DEFENDER
DISTRICT OF NEVADA
/s/ Jason F. Carr
JASON F. CARR
Assistant Federal Public Defender
IT IS SO ORDERED:
__________________________
___________________
RICHARD F BOULWAR II
CHARD F. BOULWARE,
United States District Judge
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POINTS AND AUTHORITIES
1.
On September 23, 2014, this Court appointed the Law Offices of the
Federal Public Defender to represent Petitioner in the above-entitled action. (See
Clerk’s Record (CR) 23.) On October 1, 2014, counsel for Petitioner filed his Notice of
Appearance. (CR 27.) On January 13, 2015, this Court ordered Petitioner to file an
Amended Petition for Writ of Habeas Corpus within one hundred twenty (120) days
or by May 13, 2015. (CR 32.) After enlargements of time to file the Amended Petition
to October 9, 2015 (CR 35), Depenbrock seeks an additional 40 days to November 18,
2015 to file the petition.
2.
Since appointment to this case, counsel’s office has engaged in the
process of ordering, gathering and organizing the state court record, including all
discovery and prior counsel files, in Mr. Depenbrock’s case. All of the aforementioned
documents have been electronically imaged in accordance with the case management
and handling procedures set in place by the non-capital habeas unit to go paper free.
3.
Counsel has met with Mr. Depenbrock to discuss the complexities of this
4.
An extension of time is necessary to provide counsel sufficient time to:
case.
1) to further discuss the complexities of this matter with him with Mr. Depenbrock;
2) allow for the consultation with the unit chief; 3) allow counsel to continue his
review of the record; and 4) allow counsel sufficient time to investigate this relatively
complex case before drafting the amended petition.
5.
The primary reason counsel requests this continuance is that press of
business complicates filing Mr. Depenbrock’s amended petition. The following
conflicting deadlines illustrate counsel’s need for an extension: petition for rehearing
filed September 9, 2015, in USA v. Abell, CA number 14-10165; a previously extended
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response to a court order due September 15, 2015, in Ramirez v. Baker, case number
3:13-cv-0025-MMD-VPC; preparation and participation in an oral argument in San
Francisco on September 16, 2015, in Abara v. Baker, CA number 13-16712; an
opposition to motion to dismiss filed September 21, 2015, in Moore v. LeGrand, case
number 3:13-cv-00390-LRH-WGC; an application for certificate of appealability filed
September 25, 2015, in Lewis v. State of Nevada, case number 2:13-cv-00757-MMFVCF; an application for certificate of appealability filed September 25, 2015, in
Sandoval v. LeGrand, case number 3:11-cv-0799-MMD-VPC; a previously extended
amended petition filed October 2, 2015, in Redenius v. Palmer, case number 3:14-cv0538-RCJ-VPC; a reply to opposition to motion for reconsideration due October 12,
2015, in Ramirez v. Baker, case number 3:13-cv-0025-MMD-VPC; a previously
extended opening brief due October 13, 2015, in USA v. Bryant, CA number 15-15439;
a previously extended opposition to motion to dismiss due October 15, 2015, in Ramos
v. LeGrand, case number 3:14-cv-0219-MMD-WGC; a reply due October 15, 2015, in
Joshlin v. Neven, case number 2:13-cv-1014-JCM-NJK; a previously extended
opening brief due October 19, 2015, in Smith v. Cox, CA number 14-15884;
preparation and participation in oral argument in San Francisco on October 21, 2015,
in Hawes v. Palmer, CA number 14-15805; a notice of appeal due October 23, 2015,
Davis v. Warden, case number 2:05-cv-1179-KJD-NJK; a previously extended
opposition to motion to dismiss due October 29, 2015, in Peters v. Neven, case number
2:14-cv-1055-RFB-VCF; an application for certificate of appealability due September
30, 2015, in Dollar v. Smith, case number 2:13-cv-1952-JCM-GWF; a previously
extended opening brief due November 9, 2015, United States v. Pollard, CA number
15-10246; and a previously extended reply due November 10, 2015, in Duarte v.
Williams, case number 2:12-cv-1305-JAD-PAL.
4
6.
Therefore, counsel seeks an additional forty (40) days, to and including
November 18, 2015, in which to continue his review of the record and prepare the
amended petition. This is counsel’s third request for an extension of time in this case.
7.
On September 25, 2015, counsel contacted Deputy Attorney General
Amanda Kunzi via email concerning this request for an extension of time. Ms. Kunzi
had no objection to the request for an extension of time, with the caveat that nothing
about the decision not to oppose Petitioner’s extension request signifies an implied
finding of a basis for tolling any applicable period of limitations or the waiver of any
other procedural defense. Petitioner at all times remains responsible for calculating
any limitations periods and understands that, in granting an extension request, the
Court makes no finding or representation that the petition, any amendments thereto,
and/or any claims contained therein are not subject to dismissal as untimely.
8.
Counsel for Petitioner respectfully requests that this Court grant this
motion and order Petitioner to file his Amended Petition for Writ of Habeas Corpus
no later than November 18, 2015.
DATED this 9th day of October, 2015.
Respectfully submitted
RENE L. VALLADARES
Federal Public Defender
/s/ Jason F. Carr
JASON F. CARR
Assistant Federal Public Defender
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CERTIFICATE OF SERVICE
In accordance with the Rules of Civil Procedure, the undersigned hereby
certifies that on this 9th day of October, 2015, a true and correct copy of the foregoing
UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE
AN AMENDED PETITION FOR WRIT OF HABEAS CORPUS, was filed
electronically with the United States District Court. Electronic service of the
foregoing document shall be made in accordance with the master service list as
follows:
Amanda Kunzi
Deputy Attorney General
Appellate Division
100 North Carson Street
Carson City, NV 89701-4717
/s/ Leianna Jeske
An Employee of the
Federal Public Defender
District of Nevada
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