Dominguez v. Williams et al

Filing 65

ORDER Granting 64 Motion to Extend Time re 63 Motion to Dismiss. IT IS HEREBY ORDERED that the time for Demian Dominguez to respond to the motion to dismiss is EXTENDED nunc pro tunc to 5/19/17. Signed by Judge Jennifer A. Dorsey on 4/24/17. (Copies have been distributed pursuant to the NEF - ADR)

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RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
JONATHAN M. KIRSHBAUM
Assistant Federal Public Defender
New York State Bar No. 2857100
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]

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Attorney for Petitioner Dominguez

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DEMAIN DOMINGUEZ aka DEMIAN
DOMINGUEZ,
Petitioner,

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v.
BRIAN E. WILLIAMS, et al.,
Respondents.

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Case No. 2:12-CV-01608-JAD-PAL
ORDER GRANTING NUNC PRO
TUNC UNOPPOSED MOTION
FOR AN EXTENSNION OF TIME
TO FILE OPPOSITION TO
MOTION TO DISMISS
[ECF No. 64]

Petitioner, Demain Dominguez, by and through counsel of record, Assistant
Federal Public Defender Jonathan M. Kirshbaum, hereby files this Unopposed

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Motion for an Extension of Time of twenty-nine (29) days, until and including Friday,

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May 19, 2017, in which to file the Opposition to the Motion to Dismiss. This motion

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is based upon the attached points and authorities and all pleadings and papers on
file herein.

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POINTS AND AUTHORITIES

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1.

On March 13, 2017, this Court issued an order requesting Petitioner’s

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Third Amended Petition be filed. (ECF No. 60). Petitioner filed his Third Amended

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Petition on March 14, 2017. (ECF No. 61). On April 6, 2017, Respondents filed their

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Motion to Dismiss. (ECF No. 63). Petitioner’s Opposition to Motion to Dismiss is

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currently due April 20, 2017.

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2.

Petitioner now makes a first request for an extension of time to file the

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Opposition. Petitioner requests twenty-nine (29) days, up to and including Friday,

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May 19, 2017, in which to file the Opposition.

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3.

An extension of time to file the Opposition is necessary given my

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obligations in other cases and time that has been spent away from the office. Since

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the time that the Motion to Dismiss was filed on April 6, 2017, counsel was out of the

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office on vacation between April 7 and April 14. Upon his return, counsel has had to

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focus on a state petition that was filed on April 17 and an evidentiary hearing in state

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court that is currently scheduled for April 27, 2017. Over the next few weeks, counsel

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has a brief due in the Nevada Supreme Court, a Reply due in another case, as well as

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an additional Opposition to a Motion to Dismiss.

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4.

sufficient time to draft and file a complete Opposition to Motion to Dismiss.

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Due to the above, an extension of time is necessary to provide counsel

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On April 19 2017, Deputy Attorney General Daniel Roche indicated to

counsel via email that he does not object to the request for an extension of time.

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...

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...

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...

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6.

This motion is not filed for the purpose of delay, but in the interests of

justice, as well as in the interest of Mr. Dominguez. Counsel respectfully requests
that this Court grant the request for an extension of time to file the Reply until
May 19, 2017.

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DATED this 19th day of April, 2017.

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Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

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/s/ Jonathan M. Kirshbaum

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JONATHAN M. KIRSHBAUM
Assistant Federal Public Defender

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Good cause appearing, IT IS HEREBY ORDERED that the time for Demian

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Dominguez to respond to the motion to dismiss is EXTENDED nunc pro tunc to

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May 19, 2017.

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______________________________
United States District Judge

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April 24, 2017
Dated: ________________________

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