Moore v. Masto et al

Filing 68

ORDER. IT IS ORDERED that 67 Respondents' Motion for Enlargement of Time is GRANTED. Respondents will have until and including 3/16/2020, to respond to the petitioner's second amended habeas petition. Signed by Judge James C. Mahan on 12/20/2019. (Copies have been distributed pursuant to the NEF - MR)

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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. 67)

v.

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WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, the petitioner, Randolph L. Moore, filed a second

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amended habeas petition on July 15, 2019 (ECF No. 59). After a 32-day extension of time and a

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62-day extension of time, Respondents’ response to the second amended petition was due

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December 16, 2019. See Order entered February 5, 2019 (ECF No. 51); Order entered

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September 10, 2019 (ECF No. 64); Order entered October 18, 2019 (ECF No. 66).

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On December 12, 2019, Respondents filed a motion for extension of time (ECF No. 67),

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requesting a third extension of time, to February 14, 2020, to respond to Moore’s second

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amended petition. Respondents’ counsel states that the extension of time is necessary because of

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the complexity of this case, his obligations in other cases, and anticipated time away from his

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office. 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 faith and

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not solely for the purpose of delay, and that there is good cause for an extension of time. The

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Court will extend this deadline by 91 days, to March 16, 2020. The Court does so with the

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intention that this will be the last extension of this deadline. The Court will not look favorably

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upon any motion to further extend this deadline.

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

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(ECF No. 67) is GRANTED. Respondents will have until and including March 16, 2020, to

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respond to the petitioner’s second amended habeas petition.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further
proceedings set forth in the order entered February 5, 2019 (ECF No. 51) will remain in effect.

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December 20, ______________________, 2019.
DATED THIS ___ day of2019.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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