Moore v. Masto et al

Filing 70

ORDER. IT IS ORDERED that 69 Respondents' Motion for Enlargement of Time is GRANTED. Respondents answer due 4/15/2020. Signed by Judge James C. Mahan on 3/16/2020. (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. 69)

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, a

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62-day extension of time, and a 91-day extension of time, Respondents’ response to the second

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amended petition was due March 16, 2020. See Order entered February 5, 2019 (ECF No. 51);

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

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Order entered December 20, 2019 (ECF No. 68).

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On March 13, 2020, Respondents filed a motion for extension of time (ECF No. 69),

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requesting a fourth extension of time, to March 19, 2020, to respond to Moore’s second amended

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

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extraordinary circumstances, including the illness of an assistant and computer problems. Moore

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does not oppose the requested 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. Under

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the circumstances, the Court will extend this deadline by 30 days, to April 15, 2020.

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

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(ECF No. 69) is GRANTED. Respondents will have until and including April 15, 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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March 16, 2020.
DATED THIS ___ day of ______________________, 2020.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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