Depenbrock v. Neven et al

Filing 42

ORDER Granting 41 Unopposed Motion for an Enlargement of Time in Which to File a Reply to Answer. Petitioner's Reply to Respondents' 40 Answer due by 5/17/2016. Signed by Judge Richard F. Boulware, II on 01/21/2016. (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
[phone]
[phone] (fax)
[e-mail]
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 A REPLY TO
ANSWER
(First Request)
F

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 120 days (120) days from January 18, 2016, to and
including May 17, 2015, in which to file a reply to Respondent’s Answer. This motion
is based upon the attached points and authorities and all pleadings and papers on
file herein.
This is the first request for an extension.
///

DATED this 19th day of January, 2016.
FEDERAL PUBLIC DEFENDER
DISTRICT OF NEVADA

/s/ Jason F. Carr
JASON F. CARR
Assistant Federal Public Defender

IT IS SO ORDERED:

__________________________
___________________
RICHARD F. BOULWARE, II
CHARD F BOULWAR
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 November 18, 2015 Petitioner to file an Amended Petition
for Writ of Habeas Corpus. (CR 39.) Respondent’s filed an Answer on December 17,
2015. (CR 40.)
2.

Depenbrock now seeks his first request for an extension of time to file

his reply to the answer. Depenbrock requests one hundred twenty (120) days of time,
to an including May 17, 2016, in which to reply to the State’s answer.
3.

Counsel’s recent and forthcoming schedule interferes with his ability to

adequately prepare the opening brief. The following conflicting deadlines illustrate
counsel’s need for an extension: petition for writ of certiorari filed December 23, 2015,
in Rankin v. Palmer, CA number 14-15634; petition for writ of certiorari filed
December 30 2015, in USA v. Abell, CA number 14-10165; a supplement to petition
for writ of habeas corpus filed January 5, 2016, in Gallegos v. Baca, case number 3:15cv-00254-RCJ-VPC; an amended petition due January 19, 2016, in Morales v. Neven,
case number 2:15-cv-00185-GMN-CWH; a reply to opposition to motion to file an
amended petition due January 25, 2016, in Gallegos v. Baca, case number 3:15-cv00254-RCJ-VPC; an opposition to motion to dismiss due January 27, 2015, in Alford

v. Neven, case number 2:14-cv-00333-APG-NJK; an opening brief due February 4,
2016, in Chen v. Neven, CA number 15-17151; an amended petition due February 11,
2016, in Smith v. Baca, case number 3:14-cv-00512-MMD-VPC; a petition for writ of
certiorari due February 11, 2016, in Sandoval v. LeGrand, CA number 15-16795; an
amended petition due February 26, 2016, in Henderson v. Baker, case number 3:14-

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cv-00639-RCJ-WGC; a previously extended reply due March 2, 2016, in Joshlin v.

Neven, case number 2:13-cv-1014-JCM-NJK; an opening brief due March 22, 2016,
in Smith v. Cox, CA number 14-15884; a previously extended opening brief due March
28, 2016, in U.S. v. Rocha, CA number 15-10295; a previously extended reply due
April 4, 2016, in Brown v. State of Nevada, case number 2:02-cv-0770-GMN-PAL; and
a previously extended opening brief due May 3, 3016, in Pattison v. Morrow, CA
number 15-16455.
4.

On January 15, 2016, 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.
5.

Counsel for Petitioner respectfully requests that this Court grant this

motion and order Petitioner to file his reply to the Respondent’s Answer no later than
May 17, 2016.
DATED this 19th day of January, 2016.
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 19th day of January, 2016, 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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