Murray v. Williams et al

Filing 91

ORDER granting 88 Motion for Leave to File Document; ORDER granting in part and denying in part 89 Motion to Extend Time; Re: 85 Motion for Hearing Before District Judge. Responses due by 7/7/2020. Petitioner will then have seven (7) days to file a reply. Signed by Judge Richard F. Boulware, II on 6/18/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEVEN NELSON MURRAY,

Case No. 2:12-cv-02212-RFB-VCF

Petitioner,

ORDER

v.

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JERRY HOWELL, et al.,

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Respondents.

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In this habeas corpus action, counseled Petitioner Steven Nelson Murray filed a

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Motion for an Evidentiary Hearing on May 4, 2020. (ECF No. 85). Respondents were due

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to respond on May 18, 2020, but moved to extend the deadline by thirty days to June 17,

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2020. (ECF No. 86). The Court granted the motion. (ECF No. 87). On June 17, 2020,

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Respondents filed another Motion for Extension of Time, requesting an additional thirty-

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day extension to July 17, 2020. (ECF No. 89). Respondents’ counsel states that the

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extension is necessary because she is relatively new to the case and has obligations in

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other cases. Murray does not oppose the motion. The Court finds that Respondents’

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Motion for Extension of Time is made in good faith and not solely for the purpose of delay,

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and that there is good cause for an extension. However, given the nature of this motion—

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a relatively uncomplicated eight-page motion—the Court determines an additional thirty-

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day extension is excessive. The Court will therefore grant Respondents’ Motion for

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Extension of Time in part, extending the deadline for the response to the Motion for

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Evidentiary Hearing by twenty days to July 7, 2020. Petitioner will have seven days to

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reply, as provided in Local Rule 7-2(b). The Court will not extend these deadlines further

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absent extraordinary circumstances.

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Petitioner has also filed a Motion for Leave to File Supplemental Authorities in

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support of his reply to Respondent’s Answer to the Amended Petition. (ECF No. 88). The
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proposed notice of supplemental authorities is attached to the motion. (ECF No. 88-1).

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On June 17, 2020, Respondents filed a Notice of Non-Opposition. (ECF No. 90). The

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Court determines that there is good cause to file the notice of supplemental authorities

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and will therefore grant the motion seeking leave to file that notice.

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As a final matter, the Court is informed that Murray is incarcerated at Nevada’s

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Three Lakes Conservation Camp, where Jerry Howell is warden. Therefore, pursuant to

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Federal Rule of Civil Procedure 25(d), Jerry Howell will be substituted for Brian E.

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Williams, Sr. as the Respondent Warden on the docket for this case.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement of Time

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(ECF No. 89) is GRANTED IN PART and DENIED IN PART. Respondents will have up

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to and including July 7, 2020, to file their response to the Motion for Evidentiary Hearing.

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Petitioner will then have seven (7) days to file a reply. The Court will not extend these

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deadlines absent extraordinary circumstances.

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IT IS FURTHER ORDERED that Petitioner’s Motion for Leave to File Notice of

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Supplemental Authorities (ECF No. 88) is GRANTED. The Clerk of the Court is directed

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to separately file the Notice of Supplemental Authorities (ECF No. 88-1).

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IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure

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25(d), the Clerk of the Court is directed to substitute Jerry Howell for Brian E. Williams,

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Sr. as the Respondent Warden on the docket for this case.

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DATED THIS 18th day of June, 2020.

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RICHARD F. BOULWARE, II,
UNITED STATES DISTRICT JUDGE

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