Moore v. Masto et al

Filing 118

ORDER Granting 117 Motion to Extend Time re 71 Motion to Dismiss (Second Request). Responses due by 9/29/2020. Signed by Judge James C. Mahan on 8/7/2020. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDOLPH L. MOORE,

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Petitioner,

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Case No. 2:13-cv-0655-JCM-DJA

v.

ORDER GRANTING MOTION
FOR EXTENSION OF TIME
(ECF NO. 117)

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WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, the respondents filed a motion to dismiss

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(ECF No. 71) on April 2, 2020. The petitioner, Randolph L. Moore, was then due to

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respond to that motion by June 1, 2020. See Order entered February 5, 2019 (ECF No.

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51) (60 days for response). On a motion by Moore, the Court extended that due date by

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60 days, to July 31, 2020. See Order entered June 5, 2020 (ECF No. 116).

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On July 31, 2020, Moore filed a motion for extension of time (ECF No. 117),

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requesting a second 60-day extension of time, to September 29, 2020, to respond to the

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motion to dismiss. Moore’s counsel states that the extension of time is necessary

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because of his obligations in other cases. Respondents do not oppose the motion for

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extension of time.

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The Court finds that Moore’s motion for extension of time is made in good faith

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and not solely for the purpose of delay, and that there is good cause for an extension of

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time. The Court will grant this second 60-day extension of time, as requested. However,

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the Court will not look favorably upon any motion to further extend this deadline.

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IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension of Time

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(ECF No. 117) is GRANTED. Petitioner will have until and including September 29,

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2020, to respond to the motion to dismiss.
IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered February 5, 2019 (ECF No. 51) will remain in

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effect.

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August 7, 2020.
DATED THIS ___ day of ______________________, 2020.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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