Moore v. Masto et al

Filing 181

ORDER Granting 179 Motion to Extend Time re 168 Motion for Leave to Conduct Discovery and 170 Motion for Evidentiary Hearing. Replies due by 11/22/2023. Signed by Judge James C. Mahan on 10/31/2023. (Copies have been distributed pursuant to the NEF - RGDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDOLPH L. MOORE,
Petitioner,

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ORDER GRANTING MOTION
FOR EXTENSION OF TIME
(ECF NO. 179)

v.

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

WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, the parties have now completed the briefing

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regarding the merits of Petitioner Randolph L. Moore’s second amended habeas

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petition. See ECF Nos. 59, 158, 166, 180. However, the briefing of Moore’s motion for

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leave to conduct discovery (ECF No. 168) and motion for evidentiary hearing (ECF No

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170) has not yet been completed; Moore is still to file his replies to Respondents’

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responses to those motions, both of which Respondents filed on October 23, 2023

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(ECF Nos. 177, 178).

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In an order entered on September 29, 2023 (ECF No. 176), the Court ordered:

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“Petitioner’s replies in support of his motion for leave to conduct discovery and motion

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for evidentiary hearing will be due 20 days after Respondents file their response to

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Petitioner’s reply.” ECF No. 176 at 2. Respondents filed their response to Moore’s reply

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on October 24, 2023 (ECF No. 180). Therefore, Moore’s replies in support of his

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motions are due on November 13, 2023.

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On October 23, 2023, Moore filed a motion for extension of time (ECF No. 179),

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requesting an extension of time to November 22, 2023, for his replies in support of his

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motions. That would be a 9-day extension (not a 30-day extension, as Moore

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characterizes it).

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The Court finds that Moore’s motion for extension of time is made in good faith

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

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extension of time.

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IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension

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of Time (ECF No. 179) is GRANTED. Petitioner will have until and including

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November 22, 2023, to file replies in support of his motions for leave to conduct

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discovery and motion for an evidentiary hearing.

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October
2023.
DATED THIS
___31,
day
of ______________________, 2023.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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