Moore v. Masto et al

Filing 149

ORDER Granting 148 Motion to Extend Time re 147 Order (Third Request). Respondents answer due 12/10/2021. Signed by Judge James C. Mahan on 11/8/2021. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7

RANDOLPH L. MOORE,

8

Petitioner,

9

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

v.

ORDER GRANTING MOTION
FOR EXTENSION OF TIME
(ECF NO. 148)

10
11

WILLIAM GITTERE, et al.,
Respondents.

12
13
14

In this capital habeas corpus action, after a 120-day initial period, a 62-day

15

extension of time, and a 30-day extension of time, the respondents were due to file an

16

answer by November 10, 2021. See Order entered April 12, 2021 (ECF No. 143) (120

17

days for answer); Order entered August 4, 2021 (ECF No. 145) (62-day extension of

18

time); Order entered November 1, 2021 (ECF No. 147) (30-day extension of time).

19

On November 3, 2021, Respondents filed a motion for extension of time (ECF

20

No. 148), requesting a further 30-day extension, to December 10, 2021. Respondents’

21

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

22

other cases and time away from work. Petitioner does not oppose the motion for

23

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

24
25

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

26

requested extension of time.

27

///

28

///
1

1

IT IS THEREFORE ORDERED that Respondents’ Motion for Extension of

2

Time (ECF No. 148) is GRANTED. Respondents will have until and including

3

December 10, 2021, to file their answer.

4

IT IS FURTHER ORDERED that Petitioner will have 120 days to file a reply to

5

Respondents’ answer; in all other respects, the schedule for further proceedings set

6

forth in the February 5, 2019, scheduling order (ECF No. 51), will remain in effect.

7
8

DATED THIS ___ day of ______________________, 2021.
November 8, 2021.

9
10
JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2