Bradford v. Baker

Filing 92

ORDER Granting Respondents' 91 Motion to Extend Time Re: 67 Second Amended Petition for Writ of Habeas Corpus. Respondents' answer due 11/9/2018. Pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of the Court shall substitute William Gittere for Timothy Filson on the docket for this case as the respondent warden. Signed by Judge Richard F. Boulware, II on 9/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JULIUS BRADFORD,

Case No. 2:13-cv-01784-RFB-GWF

Petitioner,

ORDER

v.

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WILLIAM GITTERE, et al.,
Respondents.

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In this habeas corpus action, after one 60-day extension of time, the Respondents

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were due to file an answer by September 10, 2018. See Order entered July 5, 2018 (ECF

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No. 90).

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On September 10, 2018, Respondents filed a motion for an extension of time (ECF

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No. 91), requesting a second 60-day extension of time, which would make the answer

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due on November 9, 2018. Respondents’ counsel states that the extension of time is

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necessary because of her obligations in another case, and because of time away from

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her work for medical reasons. Petitioner 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 the extension of time

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requested.

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The Court will grant the motion for extension of time. However, in light of the

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amount of time Respondents will have had to file their answer (about six months), the

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Court will not look favorably 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. 91) is GRANTED. Respondents will have until November 9, 2018, to file their

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answer.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered January 13, 2017 (ECF No. 66) will remain in

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effect.

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IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure

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25(d), the Clerk of the Court shall substitute William Gittere for Timothy Filson, on the

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docket for this case, as the respondent warden.

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DATED this 11th day of September, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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