Moore v. Masto et al

Filing 127

ORDER Granting 126 Motion to Extend Time re 71 , 123 , 125 Motions (First Request). See Order for details/deadlines. Signed by Judge James C. Mahan on 10/26/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:13-cv-00655-JCM-DJA Document 127 Filed 10/26/20 Page 1 of 2

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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. 126)

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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, filed an opposition to

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that motion on October 13, 2020 (ECF No. 121). On that date, Moore also filed a motion

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for leave to conduct discovery (ECF No. 123) and a motion for evidentiary hearing (ECF

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No. 125). Respondents were then due to file a reply in support of their motion to

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dismiss, and responses to the motions for leave to conduct discovery and for an

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evidentiary hearing, by November 12, 2020. See Order entered February 5, 2019 (ECF

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No. 51).

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On October 21, 2020, Respondents filed a motion for extension of time (ECF No.

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126), requesting a 46-day extension of time, to December 28, 2020. Respondents’

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counsel states that the extension of time is necessary because of his obligations in

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other cases. Moore does not oppose the motion for extension of time.

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The Court finds that Respondents’ motion for extension of time is made in good

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

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extension of time. The Court will grant this 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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Case 2:13-cv-00655-JCM-DJA Document 127 Filed 10/26/20 Page 2 of 2

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

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(ECF No. 126) is GRANTED. Petitioner will have until and including December 28,

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2020, to file a reply in support of their motion to dismiss, a response to Petitioner’s

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motion for leave to conduct discovery, and a response to Petitioner’s motion for

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evidentiary hearing.
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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DATED October 26, 2020.
THIS ___ day of ______________________, 2020.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGET

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