Moore v. Masto et al

Filing 176

ORDER granting 175 Motion to Extend Time to File a Reponses to 168 and 170 Motions. Responses due by 10/24/2023. Petitioners Replies Due 20 days after Respondents File their Response to Petitioners Reply. Signed by Judge James C. Mahan on 9/29/2023. (Copies have been distributed pursuant to the NEF - CT)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDOLPH L. MOORE,

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

Petitioner,
ORDER GRANTING MOTION
FOR EXTENSION OF TIME
(ECF NO. 173)

v.
WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, on May 19, 2023, the petitioner, Randolph L.

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Moore, who is represented by appointed counsel, filed his reply to Respondents’ answer

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(ECF No. 166), along with a motion for leave to conduct discovery (ECF No. 168) and a

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motion for evidentiary hearing (ECF No 170). After a 30-day initial period (ECF No. 51)

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a 45-day extension of time (ECF No. 172), and a 60-day extension of time (ECF No.

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174), Respondents had until October 3, 2023, to file a response to Moore’s reply and

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responses to his motions for leave to conduct discovery and for evidentiary hearing.

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On September 27, 2023, Respondents filed a motion for extension of time (ECF

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No. 175), requesting a further 21-day extension of time, to October 24, 2023, for their

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response to Moore’s reply and responses to Moore’s motions. Respondents’ counsel

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states that he needs this extension of time because of his obligations in other cases.

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Respondents’ counsel represents that Moore does not oppose the motion for extension

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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 the

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requested extension of time. The Court will grant the extension of time.

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Respondents’ motion is ambiguous with respect to whether they request an
extension of time for just their response to Moore’s reply or for both that response to
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Moore’s reply and their responses to Moore’s motions. See Motion for Extension of

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Time (ECF No. 175), p. 1, lines 17–21; p. 2, lines 17–21; p. 3, lines 12–13; p. 4,

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lines 1–2. To be clear, by this order, the Court extends the time for Respondents’

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response to Moore’s reply and their responses to Moore’s motions. Moore’s replies in

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support of his motions will be due 20 days after Respondents file their response to his

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reply.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Extension

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of Time (ECF No. 175) is GRANTED. Respondents will have until and including

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October 24, 2023, to file a response to Petitioner’s reply, and responses to Petitioner’s

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motions for leave to conduct discovery and for an evidentiary hearing. Petitioner’s

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replies in support of his motion for leave to conduct discovery and motion for evidentiary

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hearing will be due 20 days after Respondents file their response to Petitioner’s reply.

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September
29,of2023.
DATED THIS
___ day
______________________, 2023.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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