Bradley v. Attorney General of the State of Nevada

Filing 63

ORDER Granting 62 Motion to Extend Time to File. Amended Petition due by 5/30/2017. Signed by Judge Richard F. Boulware, II on 5/22/17. (Copies have been distributed pursuant to the NEF - MMM)

Download PDF
7 RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 AMELIA L. BIZZARO Assistant Federal Public Defender Wisconsin State Bar No. 1045709 411 E. Bonneville, Ste. 250 Las Vegas, Nevada 89101 (702) 388-6577 (702) 388-5819 (fax) 8 Attorneys for Petitioner Carl Bradley. 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 CARL BRADLEY, 14 15 16 Case No. 2:13-cv-01196-RFB-GWF Petitioner, 13 v. ATTORNEY GENERAL OF THE STATE OF NEVADA, et al., Respondents. 17 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS (First Request) 18 Petitioner Carl Bradley, by counsel, moves this Court for the entry of an Order 19 extending the time in which she must file an Amended Petition for Writ of Habeas 20 Corpus by 14 days from May 15, 2017 to, and including, May 30, 2017. This motion 21 is based on the attached points and authorities and the record. 22 23 POINTS AND AUTHORITIES 1. Bradley was convicted and sentenced on two state cases that were 24 resolved together with guilty pleas. The sentencing court imposed 60 to 150 months 25 consecutive to a 110-month federal sentence he is currently serving. 26 2. Bradley filed his pro se §2254 petition by mailing it from Lewisburg Federal Prison on July 4, 2013. Bradley’s petition had some technical problems, which 1 this Court pointed out. See ECF No. 6 (dated May 22, 2014). As instructed, he 2 corrected them and filed an amended petition. ECF No. 7. 3 3. On June 23, 2014, Bradley filed a motion seeking leave to file an 4 amended petition. He said he was “trying to ask the Court for permission to add 5 additional pages to the supporting facts for grounds one through three” in order to 6 explain his “situation and what happened. One page is not enough room for me to try 7 to fully explain my situation on the 2254 application.” ECF No. 8 at 1-2. See also ECF 8 No. 8 (the proposed amended petition). The Court granted his request. ECF No. 10. 9 4. The Court screened the petition and found it untimely on its face. It 10 ordered the state to respond to the petition only as it related to timeliness. ECF No., 11 10 at 3.-4. 12 5. Before the state filed its response, however, Bradley filed a motion for 13 discovery seeking the originally discovery the state had turned over to his attorneys 14 in his state cases. ECF No. 16. After seeking a short extension, the state filed a motion 15 to dismiss Bradley’s petition based on timeliness. ECF No. 19. 16 6. Bradley opposed the state’s motion to dismiss, and the state opposed 17 Bradley’s request for discovery. See ECF Nos. 28, 29, 31, 32. In a minute order, this 18 Court granted Bradley’s discovery request. ECF No. 33. In a separate order, it 19 appointed the Federal Public Defender to represent Bradley. ECF No. 34. 20 7. Counsel made an appearance and filed a motion to compel discovery and 21 an amended discovery request. The parties litigated this issue extensively, which 22 included a hearing on the matter. See ECF Nos. 43-59. 23 8. On January 20, 2017, this Court entered an Order detailing the 24 limitations of discovery and giving Bradley until May 15, 2017 to file an amended 25 petition. ECF No. 60. 26 2 1 9. Counsel timely served subpoenas and received information in response 2 from the Clark County District Attorney’s Office, the Las Vegas Metropolitan Police 3 Department, and the Lewisburg Federal Prison, which required the approval of the 4 U.S. Attorney’s Office here in Las Vegas. 5 10. Counsel has completed her review of Bradley’s case and has the majority 6 of the amended petition drafted. This brief extension is necessary to permit her to 7 complete the petition. It is necessary in order to effectively and thoroughly represent 8 Bradley. This motion is not filed for the purposes of delay, but in the interests of 9 justice, as well as in the interests of Bradley. This is Bradley’s first request. 10 11. On May 15, 2017, counsel exchanged e-mails with Deputy Jeffrey 11 Connor, who does not object to this request, with the caveat that his lack of objection 12 is not to be construed as a waiver or concession of any kind. 13 12. For the reasons above, as well as the record in this case, Bradley 14 respectfully asks this Court to grant his request for an extension of time and enter 15 an order requiring the amended petition be filed on or before May 30, 2017. 16 Dated this 15th day of May, 2017. 17 Respectfully submitted, 18 19 RENE L. VALLADARES Federal Public Defender 20 /s/ Amelia L. Bizzaro AMELIA L. BIZZARO Assistant Federal Public Defender 21 22 23 24 25 26 IT IS SO ORDERED. UNITED STATES DISTRICT COURT JUDGE DATED: 22nd day of May, 2017. 3 CERTIFICATE OF SERVICE 1 2 I hereby certify that on May 15, 2017, I electronically filed the foregoing with 3 the Clerk of the Court for the United States District Court, District of Nevada by 4 using the CM/ECF system. 5 6 Participants in the case who are registered CM/ECF users will be served by the CM/ECF system and include: JEFFREY M. CONNER. 7 I further certify that some of the participants in the case are not registered 8 CM/ECF users. I have mailed the foregoing by First-Class Mail, postage pre-paid, or 9 have dispatched it to a third party commercial carrier for delivery within three 10 11 12 13 14 15 16 calendar days, to the following non-CM/ECF participants: Carl Bradley No. 43838-048 USP Florence ADMAX U.S. Penitentiary PO Box 8500 Florence, CO 81226 /s/ Jessica Pillsbury An Employee of the Federal Public Defender 17 18 19 20 21 22 23 24 25 26 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?