Dominguez v. Williams et al

Filing 70

ORDER Granting Respondents' 69 Unopposed Motion to Extend Time re 31 Amended Petition for Writ of Habeas Corpus Respondents have an additional 60 days from 10/23/2017 to file and serve their response. Signed by Judge Andrew P. Gordon on 10/25/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:12-cv-01609-APG-NJK Document 69 Filed 10/23/17 Page 1 of 4

1
2
3
4
5
6
7

ADAM PAUL LAXALT
Attorney General
MATTHEW S. JOHNSON (Bar No. 12412)
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

-APG-NJK
Case No. 2:12-cv-01609-GMN-GWF

IVAN DOMINGUEZ,

11

Petitioner(s),

12

vs.

13

BRIAN E. WILLIAMS,

14

UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME

Respondent(s).

ORDER

15

Respondents, by and through counsel, Adam Paul Laxalt, Attorney General of the State of

16

Nevada, hereby respectfully move this Court for an order granting a sixty (60) day enlargement of time

17

in which to file and serve their response to Ivan Dominguez’s (Dominguez) first amended petition for a

18

writ of habeas corpus.

19

This motion is based upon the provisions of Rule 6(b) of the Federal Rules of Civil Procedure

20

and the attached Declaration of Counsel, as well as all other papers, documents, records, pleadings and

21

other materials on file herein.

22
23
24

There have been no prior enlargements of Respondents’ time to file said response to the first
amended petition, and this motion is made in good faith and not for the purposes of delay.
RESPECTFULLY SUBMITTED this 23rd day of October, 2017.

25

ADAM PAUL LAXALT
Attorney General

26
27
28

By:

/s/ Matthew S. Johnson
MATTHEW S. JOHNSON (Bar No. 12412)
Deputy Attorney General

-1-

Case 2:12-cv-01609-APG-NJK Document 69 Filed 10/23/17 Page 2 of 4

1
2
3
4
5
6
7

ADAM PAUL LAXALT
Attorney General
MATTHEW S. JOHNSON (Bar No. 12412)
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

-APG-NJK
Case No. 2:12-cv-01609-GMN-GWF

IVAN DOMINGUEZ,

11

Petitioner(s),
DECLARATION OF COUNSEL

12

vs.

13

BRIAN WILLIAMS,

14

Respondent(s).

15

I, MATTHEW S. JOHNSON, hereby state that the assertions of this declaration are true:

16

1.

I am an attorney licensed to practice law in the State of Nevada and qualified and

17

admitted to practice before this Court. I am employed as a Deputy Attorney General in the Office of the

18

Nevada Attorney General.

19

respondents in Ivan Dominguez v. Brian E. Williams, et al., Case No. 2:12-cv-01609-APG-NJK.

20
21

2.

Pursuant to this employment, I have been assigned to represent the

On September 5, 2017, this Court gave respondent forty-five (45) days to answer or

otherwise respond to Dominguez’s first-amended petition. ECF No. 66.

22

3.

The current deadline is today: October 23, 2017.

23

4.

I have not been able to devote sufficient time to preparing a response in this case because

24

of obligations in other state and federal cases to which I am assigned. In addition, I will be leaving the

25

employment of the Office of the Attorney General on October 27, 2017, and do not anticipate that I will

26

be able to respond to the allegations in Dominguez’s petition during that time because of my obligations

27

in other state and federal cases. In the ensuing week my more than 150 state and federal cases will be

28

assigned to other attorneys in the office.
-2-

Case 2:12-cv-01609-APG-NJK Document 69 Filed 10/23/17 Page 3 of 4

1

5.

Accordingly, I am requesting an additional sixty (60) days, from the October 23, 2017

2

due date, in which to prepare and file a response in this case. This is my first request for an enlargement

3

of time for this response.

4
5
6
7
8

7.

On October 23, 2017, I contacted counsel for petitioner, David K. Neidert, and he

indicated that he is not opposed to respondents’ motion for an enlargement of time.
Pursuant to 28 U.S.C. § 1746, I hereby certify, under penalty of perjury, that the foregoing is true
and correct.
Executed on this 23rd day of October, 2017.

9

By:

10

/s/ Matthew S. Johnson
MATTHEW S. JOHNSON (Bar No. 12412)
Deputy Attorney General

11
12
13

IT IS SO ORDERED.

14

Dated this ____ day of ___________________________, 2017
Dated: October 25, 2017.

15
16
17

DISTRICT COURT JUDGE
_________________________________
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28
-3-