Moore v. Masto et al

Filing 174

ORDER granting 173 Motion to Extend Time to File Responses to, 170 Motion, 168 Motion. Responses due by 10/3/2023. Signed by Judge James C. Mahan on 8/1/2023. (Copies have been distributed pursuant to the NEF - CT)

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Case 2:13-cv-00655-JCM-DJA Document 174 Filed 08/01/23 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 RANDOLPH L. MOORE, Petitioner, 6 ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 173) v. 7 8 Case No. 2:13-cv-0655-JCM-DJA WILLIAM GITTERE, et al., Respondents. 9 10 11 In this capital habeas corpus action, on May 19, 2023, the petitioner, Randolph L. 12 Moore, who is represented by appointed counsel, filed his reply to Respondents’ answer 13 (ECF No. 166), along with a motion for leave to conduct discovery (ECF No. 168) and a 14 motion for evidentiary hearing (ECF No 170). After a 30-day initial period (ECF No. 51) 15 and a 45-day extension of time (ECF No. 172), Respondents had until August 4, 2023, 16 to file a response to Moore’s reply and responses to his motions for leave to conduct 17 discovery and for evidentiary hearing. 18 On July 27, 2023, Respondents filed a motion for extension of time (ECF No. 19 173), requesting a further 60-day extension of time, to October 3, 2023, for their 20 response to Moore’s reply and responses to Moore’s motions. Respondents’ counsel 21 states that he needs this extension of time because of his obligations in other cases. 22 Respondents’ counsel represents that Moore does not oppose the motion for extension 23 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 Case 2:13-cv-00655-JCM-DJA Document 174 Filed 08/01/23 Page 2 of 2 1 IT IS THEREFORE ORDERED that Respondents’ Motion for Extension 2 of Time (ECF No. 173) is GRANTED. Respondents will have until and including 3 October 3, 2023, to file a response to Petitioner’s reply, and responses to Petitioner’s 4 motions for leave to conduct discovery and for an evidentiary hearing. In all other 5 respects, the schedule for further proceedings set forth in the February 5, 2019, 6 scheduling order (ECF No. 51) will remain in effect. 7 8 2023. DATED July THIS31, ___ day of ______________________, 2023. 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

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