Ross v. Neven et al

Filing 82

ORDER granting 81 Motion to Extend Time; Replies to 62 Petition due by 2/4/2020. Signed by Judge James C. Mahan on 12/5/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:13-cv-01562-JCM-DJA Document 81 Filed 12/04/19 Page 1 of 4

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Emma L. Smith
Assistant Federal Public Defender
Illinois State Bar No. 6317192
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Ronald Ross

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Ronald Ross,
Petitioner,

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v.
Dwight Neven, et al.,
Respondents.

Case No. 2:13-cv-01562-JCM-DJA
Unopposed motion to extend
deadline to file Reply
(First request)

Case 2:13-cv-01562-JCM-DJA Document 81 Filed 12/04/19 Page 2 of 4

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Petitioner Ronald Ross respectfully moves this Court for an order extending

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the time within which he must file a Reply to the State’s Answer by 60 days from

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December 6, 2019, up to and including February 4, 2020. This is his first request for

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an extension of this deadline. Respondents, by counsel Michael J. Bongard, do not

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object.

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Undersigned counsel has been reviewing Mr. Ross’s case in an effort to comply

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with the Court’s deadline. However, counsel respectfully submits that additional time

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is necessary to properly prepare the Reply. Undersigned counsel has recently joined

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the Federal Public Defender for the District of Nevada. Since beginning work in the

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office approximately three months ago, counsel has been learning the eighteen cases

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for which she has entered an appearance. In this time, she has been working

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diligently to meet both past and upcoming deadlines for other clients, including in

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Young v. Baker, No. 2:18-cv-00110-RFB-VCF (D. Nev.) (amended petition filed Oct.

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23, 2019); Dixon v. Dzurenda, No. 79194 (Nev. S. Ct.) (opening brief due Dec. 13,

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2019); Davidson v. Neven, No. 19-16952 (9th Cir.) (request for certificate of

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appealability due Jan. 6, 2020); and Mayo v. State, No. 18-16081 (9th Cir.) (oral

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argument on Jan. 24, 2020). Moreover, Counsel has been traveling and out of the

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office to meet with clients, including on November 1, 8, 15, and 22. Counsel

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respectfully represents that an additional 60 days is necessary to permit her to

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prepare the Reply in this case.

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This motion is not filed for the purposes of undue delay but in the interests of

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justice and the interests of Mr. Ross. Counsel respectfully asks this court to grant

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Mr. Ross’s request to extend the time for filing a Reply by 60 days, until February 4,

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2020.

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527

Case 2:13-cv-01562-JCM-DJA Document 81 Filed 12/04/19 Page 3 of 4

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Dated December 4, 2019.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Emma L. Smith
Emma L. Smith
Assistant Federal Public Defender

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IT IS SO ORDERED

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___________________________
United States District Judge

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December 5, 2019
Dated: ____________________

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527

Case 2:13-cv-01562-JCM-DJA Document 81 Filed 12/04/19 Page 4 of 4

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C E R TI FI C A T E

OF

S E R V I CE

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I hereby certify that on December 4, 2019, I electronically filed the foregoing

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with the Clerk of the Court for the United States District Court, District of Nevada

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by using the CM/ECF system.

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Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Michael J. Bongard.

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I further certify that some of the participants in the case are not registered

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CM/ECF users. I have mailed the foregoing by First-Class Mail, postage pre-paid, or

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have dispatched it to a third party commercial carrier for delivery within three

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calendar days, to the following non-CM/ECF participants:
Ronald Ross
No. 1003485
Saguaro Correctional Center
1252 E. Arica Road
Eloy, AZ 85131

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/s/Jessica Pillsbury
An Employee of the
Federal Public Defender

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527