Moore v. Masto et al

Filing 120

ORDER Granting 119 Motion to Extend Time re 71 Motion to Dismiss (Third Request). Responses due by 10/13/2020. Signed by Judge James C. Mahan on 10/7/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:13-cv-00655-JCM-DJA Document 120 Filed 10/07/20 Page 1 of 5

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RENE L. VALLADARES
Federal Public Defender
Nevada Bar No. 11479
RANDOLPH M. FIEDLER
Assistant Federal Public Defender
Nevada Bar No. 12577
[e-mail]
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)

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Attorneys for Petitioner

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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,
v.
WILLIAM GITTERE, et al.,
Respondents.

Case No. 2:13-cv-00655-JCM-DJA
MOTION FOR EXTENSION OF TIME
TO FILE OPPOSITION TO MOTION
TO DISMISS SECOND AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS
(Death Penalty Habeas Corpus Case)

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Randolph L. Moore, through counsel, requests an extension of time of 14

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days, up to and including October 13, 2020, within which to file his Opposition to

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Motion to Dismiss Second Amended Petition for Writ of Habeas Corpus. This is

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Moore’s third request for an extension of time to file this pleading.

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Case 2:13-cv-00655-JCM-DJA Document 120 Filed 10/07/20 Page 2 of 5

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This request is made and based on the following declaration of counsel and
the entire file.
DATED this 29th day of September, 2020.

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Respectfully submitted
RENE L. VALLADARES
Federal Public Defender

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/s/ Randolph M. Fiedler

RANDOLPH M. FIEDLER
Assistant Federal Public Defender

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IT IS SO ORDERED
DATED: October 7, 2020

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______________________________
UNITED STATES DISTRICT JUDGE

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IT IS SO ORDERED

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DATED:

______________________________
UNITED STATES DISTRICT JUDGE

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Case 2:13-cv-00655-JCM-DJA Document 120 Filed 10/07/20 Page 3 of 5

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DECLARATION OF RANDOLPH M. FIEDLER

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I, Randolph M. Fiedler, declare as follows:

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I am an attorney at law, admitted to practice before this court, and

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employed as an Assistant Federal Public Defender. I represent Randolph M. Moore

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in this capital habeas matter. On April 2, 2020, the State filed a Motion to Dismiss

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Second Amended Petition for Writ of Habeas Corpus. On June 1, 2020, Mr. Moore

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filed a motion for extension of time to file his Opposition, in which this Court

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granted on June 5, 2020, making the opposition due July 31, 2020. Thereafter, Mr.

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Moore filed a second motion for extension of time on July 31, 2020, in which this

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Court granted on August 5, 2020, making the opposition now due today September

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29, 2020.

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2.

I am requesting a third extension of time of 14 days, up to and

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including October 13, 2020, to file and serve this Opposition. This is my third

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request for an extension of time.

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3.

Case-related responsibilities have prevented me from devoting

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sufficient time and attention to this case. Specifically, I have had to devote time

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preparing a reply to a Motion for Certificate of Appealability in Hampton v. Shinn,

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Case No. 19-99005 in the Ninth Circuit, which is due on October 15, 2020. Further,

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I filed a Reply to Opposition to Motion for Evidentiary Hearing in Williams v.

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Gittere, No. 2:98-cv-00056-APG-VCF (D. Nev.) on August 19, 2020.

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4.

I have also had to devote a substantial amount of time in preparation

of a two-day evidentiary hearing on October 22nd and 23rd in Lisle v. Gittere, No.

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Case 2:13-cv-00655-JCM-DJA Document 120 Filed 10/07/20 Page 4 of 5

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2:03-cv-1006-MMD-CWH (D. Nev.). This, in particular, has taken time that I had

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expected to devote to Mr. Moore’s case.

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Additionally, though significant progress has been made in

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preparation of Mr. Moore’s response to the State’s motion to dismiss second

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amended petition, the procedural complexity of both the State’s motion to dismiss

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and this case’s history demands more time. The request for an additional 14 days in

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which to complete and finalize the response under the circumstances presented is

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reasonable and appropriate.

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I appreciate that, when this Court granted my last request, the Court

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indicated it would “not look favorably upon any motion to further extend this

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deadline.” I wish to emphasize that this request is not lightly made and that I have

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endeavored to meet today’s deadline and made substantial progress.

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This request is not made for the purposes of delay or for any other

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improper purpose, but only to ensure that this office provides competent

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representation. Nev. R. Prof. Conduct 1.1.

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8.

On September 29, 2020, I contacted opposing counsel in this matter,

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Senior Deputy Attorney General Michael Bongard via telephone. Mr. Bongard does

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not oppose this request.

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I declare under penalty of perjury that the foregoing is true and correct and

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that this declaration was executed on this 29th day of September, 2020, in Las

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Vegas, Nevada.

/s/ Randolph M. Fiedler

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RANDOLPH M. FIEDLER
Assistant Federal Public Defender

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Case 2:13-cv-00655-JCM-DJA Document 120 Filed 10/07/20 Page 5 of 5

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CERTIFICATE OF SERVICE
In accordance with LR IC 4-1(b), the undersigned hereby certifies that on the

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29th day of September 2020, a true and correct copy of the foregoing Motion for

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Extension of Time to File Opposition to Motion to Dismiss Second Amended Petition

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for Writ of Habeas Corpus was served by the United States District Court, CM/ECF

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electronic filing system to:

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Michael J. Bongard
Senior Deputy Attorney General
[e-mail]

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/s/ Celina Moore

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An Employee of the
Federal Public Defender
District of Nevada

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