Dollar v. Smith et al

Filing 49

ORDER granting 47 Motion to Extend Time; Re: 16 Amended Petition for Writ of Habeas Corpus. Replies due 8/21/2018. Signed by Judge James C. Mahan on 8/23/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:13-cv-01952-JCM-GWF Document 47 Filed 08/10/18 Page 1 of 5

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Jason F. Carr
Assistant Federal Public Defender
Nevada State Bar No. 006587
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
Attorney for Petitioner Dollar

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

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Christopher Adam Dollar,
Petitioner,

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v.

Case No. 2-13-cv-01952-JCM-GWF
Unopposed Motion For Extension
Of Time To File Reply

Harold Wickham And Attorney General Of
(Third Request)
The State Of Nevada,
Respondents.

Case 2:13-cv-01952-JCM-GWF Document 47 Filed 08/10/18 Page 2 of 5

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Petitioner Christopher Adam Dollar moves this Court for an extension of time

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of eleven (11) days from August 10, 2018, to and including August 21, 2018, to file his

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Reply. This motion is based on the attached declaration of counsel and the files and

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records in this case.

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DATED this 10th day of August, 2018.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Jason F. Carr
Jason F. Carr
Assistant Federal Public Defender

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Case 2:13-cv-01952-JCM-GWF Document 47 Filed 08/10/18 Page 3 of 5

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DECLARATION OF JASON F. CARR
STATE OF NEVADA

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)
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COUNTY OF CLARK

ss:

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I, JASON F. CARR, hereby declare under penalty of perjury that the following
is true and correct:
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On November 28, 2017, this Court entered an order requesting the

Respondent’s to file an Answer to Petitioner’s Petition. ECF 41. Respondent’s filed

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their Answer on March 13, 2018. ECF 43. Petitioner previously was granted an

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extension of time. ECFs 44-45. Petitioner request a second extension of time on July

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12, 2018. ECF 46.

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2.

This is a third request for an extension of time. Counsel is seeking an extension

of eleven days, to and including August 21, 2018.

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3.

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petition in a complex murder cases involving two trial. Additionally, counsel must

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travel to San Francisco for oral argument in another post-conviction matter.

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4.

Counsel has many competing deadlines at the moment including an amended

For the reasons stated above, as well as the files and records in this case, I ask

this Court to grant my request for an extension of time of eleven days, to or before

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August 21, 2018. This motion is not filed for the purposes of delay but in the interests

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of justice, as well as in the interests of Mr. Dollar.

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5.

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On August 10, 2018, Deputy Attorney General Heidi Parry Stern indicated

that she had no objection to this request, provided that Respondents’ non-opposition

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Case 2:13-cv-01952-JCM-GWF Document 47 Filed 08/10/18 Page 4 of 5

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is not deemed an implied finding of any applicable time period limitations or the

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waiver of any other procedural defense. Petitioner at all times remains responsible

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for calculating any limitations periods. Dollar understands that, in granting an
extension request, this Court makes no finding or representation that the petition,
any amendments thereto, and/or any claims contained therein are timely.
I declare under the penalty of perjury that the foregoing is true and correct.

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DATED this 10th day of August, 2018.
Respectfully submitted,

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RENE L. VALLADARES
Federal Public Defender

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/s/ Jason F. Carr

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Jason F. Carr
Assistant Federal Public Defender

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DATED August 23, 2018.

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________________________________
UNITED STATES DISTRICT
COURT JUDGE

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Case 2:13-cv-01952-JCM-GWF Document 47 Filed 08/10/18 Page 5 of 5

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CERTIFICATE

OF

SERVICE

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I hereby certify that on August 10, 2018, 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: Heidi Parry Stern.

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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:

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Christopher Adam Dollar
#1063463
High Desert State Prison
P.O. Box 650
Indian Springs, NV 89070

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/s/Marcus Walker
An Employee of the
Federal Public Defender

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