Dollar v. Smith et al

Filing 52

ORDER granting 50 Motion to Extend Time; Replies to Petition due by 9/20/2018. Signed by Judge James C. Mahan on 9/18/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:13-cv-01952-JCM-GWF Document 51 Filed 09/10/18 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.
Harold Wickham, Warden; Attorney
General Of The State Of Nevada,
Respondents.

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

Case 2:13-cv-01952-JCM-GWF Document 51 Filed 09/10/18 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 fifteen (15) days from September 5, 2018, to September 20, 2018, to file his Reply.

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

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in this case.

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DATED this 5th day of September 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 51 Filed 09/10/18 Page 3 of 5

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DECLARATION OF JASON F. CARR
STATE OF NEVADA

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)
COUNTY OF CLARK

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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 four

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extensions of time. ECFs 44-49.

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2.

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

of fifteen days, to and including September 20, 2018.
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The reason for this request is that counsel fell ill with a continuing respiratory

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ailment in the beginning of the week. Because of this, and a Ninth Circuit Opening

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Brief deadline in Irive v. Gentry, Warden, CA No. 18-15927, due on September 7,

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2018, counsel needs a bit more time to file this pleading.

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4.

Further, the Federal Public Defender recently transferred to a new calendar

and email system. Some deadlines, including the Dollar Reply brief deadline, did not

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transfer after the transition. Because of this, counsel did not realize Dollar was due

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today until today.

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5.

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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 fifteen days, to or before

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Case 2:13-cv-01952-JCM-GWF Document 51 Filed 09/10/18 Page 4 of 5

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September 20, 2018. This motion is not filed for the purposes of delay but in the

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

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6.

On August 21, 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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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

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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.
DATED this 5th day of September, 2018.
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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It is Ordered that Petitioner’s Reply will be filed on or about September 20, 2018.
DATED September 18, 2018.

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________________________________
UNITED STATES DISTRICT
COURT JUDGE

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Case 2:13-cv-01952-JCM-GWF Document 51 Filed 09/10/18 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 September 6, 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/ Adam Dunn
An Employee of the
Federal Public Defender

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