Agavo v. Neven et al

Filing 80

ORDER Granting 79 Motion to Extend Time Re: 72 Answer to Habeas Petition. Replies due by 1/17/2020. Signed by Judge James C. Mahan on 12/20/2019. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:13-cv-01741-JCM-DJA Document 79 Filed 12/20/19 Page 1 of 5

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Jeremy C. Baron
Assistant Federal Public Defender
District of Columbia Bar No. 1021801
411 E. Bonneville Ave. Suite 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Reynaldo Agavo

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

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Reynaldo Agavo,
Petitioner,

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v.
Dwight Neven, et al.,
Respondents.

Case No. 2:13-cv-01741-JCM-DJA
Unopposed motion for extension of
time in which to file reply in
support of petition
(Third request)

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Reynaldo Agavo respectfully moves this Court for an extension of time of

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twenty-eight (28) days, from December 20, 2019, to and including January 17, 2020,

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in which to file a reply in support of the merits of his second amended petition.

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Case 2:13-cv-01741-JCM-DJA Document 79 Filed 12/20/19 Page 2 of 5

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A RG U ME N T
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Mr. Agavo has filed a second amended petition, and the State has filed

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an answer. ECF No. 50. Mr. Agavo’s reply on the merits is due on December 20,

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2019.

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2.

Undersigned counsel has continued to review the State’s answer and

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Mr. Agavo’s file in an effort to comply with the Court’s deadline. However, counsel

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respectfully suggests additional time is necessary to properly prepare the reply.

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3.

Undersigned counsel has made substantial progress in reviewing Mr.

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Agavo’s entire file and has prepared a complete draft of the reply. However, addi-

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tional time is necessary to finalize the reply and finishing reviewing the remaining

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portions of Mr. Agavo’s file.

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4.

Undersigned counsel has had many professional obligations in the past

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weeks, including, among others, an application for a certificate of appealability filed

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on October 18, 2019, in Barragan v. Filson, Case No. 19-16804 (9th Cir.); an out-of-

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state conference held in Cincinnati, Ohio, on October 24 through 26, 2019; an opposi-

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tion to a motion to dismiss filed on November 6, 2019, in Burch v. Baker, Case No.

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2:17-cv-00656-MMD-VCF (D. Nev.); an opposition to a motion to dismiss filed on No-

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vember 8, 2019, in Patterson v. Gentry, Case No. 2:17-cv-02131-JCM-EJY (D. Nev.);

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an opening brief filed on November 8, 2019, in Slaughter v. Baker, Case No. 78760

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(Nev. Sup. Ct.); a deposition conducted on November 12, 2019, in San Bernardino,

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California, in Sawyer v. Baker, Case No. 3:16-cv-00627-MMD-WGC (D. Nev.); and a

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reply on the merits filed on December 6, 2019, in Matlean v. Williams, Case No. 3:16-

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cv-00233-HDM-CLB (D. Nev.). In addition, undersigned counsel was out of the coun-

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try on vacation from November 19, 2019, to December 3, 2019.

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5.

Undersigned counsel has many additional professional obligations in

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the coming weeks, including, among others, a second amended petition due on De-

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cember 30, 2019, in Cook v. Baker, Case No. 3:19-cv-00081-MMD-CLB (D. Nev.); an
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Case 2:13-cv-01741-JCM-DJA Document 79 Filed 12/20/19 Page 3 of 5

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opening brief due on January 2, 2020, in Guzman v. Gittere, Case No. 79519 (Nev.

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Sup. Ct.); a reply brief due on January 2, 2020, in Rosales v. Baker, Case No. 78735

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(Nev. Sup. Ct.); a petition for a writ of certiorari due on January 3, 2020, in Ramet v.

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LeGrande, Case No. 19A573 (U.S. Sup. Ct.); an opposition to a motion to dismiss due

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on January 6, 2020, in Palmer v. Filson, Case No. 3:18-cv-00245-HDM-CLB (D. Nev.);

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an opening brief due on January 10, 2020, in Palmer v. Gittere, Case No. 79397 (Nev.

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Sup. Ct.); a petition for a writ of certiorari due on February 5, 2020, in Major v. Baker,

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Case No. 76716 (Nev. Sup. Ct.) (U.S. Sup. Ct. Case No. not yet assigned); an amended

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petition due on February 10, 2020, in Brown v. Baker, Case No. 3:19-cv-00258-LRH-

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WGC (D. Nev.); and an amended petition due on February 13, 2020, in Cordova v.

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Baca, Case No. 3:19-cv-00388-MMD-CLB (D. Nev.), a case for which time remains on

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the federal statute of limitations.

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6.

Therefore, counsel seeks an additional twenty-eight (28) days, up to and

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including January 17, 2020, in which to file the reply in support of the petition. This

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is undersigned counsel’s third request for an extension of time in which to file the

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reply in support of the petition.

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7.

On December 20, 2019, counsel contacted Deputy Solicitor General Jef-

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frey M. Conner and informed him of this request for an extension of time. As a matter

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of professional courtesy, Mr. Conner had no objection to the request. Mr. Conner’s

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lack of objection should not be considered as a waiver of any procedural defenses or

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statute of limitations challenges, or construed as agreeing with the accuracy of the

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representations in this motion.

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8.

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

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justice, as well as in the interest of Mr. Agavo. Counsel for Mr. Agavo respectfully

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requests this Court grant the motion and order Mr. Agavo to file the reply in support

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of the petition no later than January 17, 2020.

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Case 2:13-cv-01741-JCM-DJA Document 79 Filed 12/20/19 Page 4 of 5

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Dated December 20, 2019.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/ Jeremy C. Baron
Jeremy C. Baron
Assistant Federal Public Defender

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IT

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IS S O O RD ER E D :

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______________________________
United States District Judge

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Decmber 20, 2019
Dated: ________________________

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Case 2:13-cv-01741-JCM-DJA Document 79 Filed 12/20/19 Page 5 of 5

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CERTIFICATE

OF

S E R V I CE

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I hereby certify that on December 20, 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: Jeffrey M. Conner.

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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 cal-

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endar days, to the following non-CM/ECF participants:
Reynaldo Agavo
No. 93976
High Desert State Prison
P.O. Box 650
Indian Springs, NV 89070

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

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