Gohir v. Hoye et al

Filing 15

ORDER Granting 10 Petitioner's Motion for Hearing. Motion Hearing set for 6/30/2014 at 10:30 AM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 6/23/2014. (Copies have been distributed pursuant to the NEF - EDS)

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KIMBERLY MAXSON-RUSHTON
Nevada Bar #5065
COOPER LEVENSON, P.A.
6060 Elton Avenue – Suite A
Las Vegas, Nevada 89107
[phone]
FAX: [phone]
[e-mail]
Attorneys for Defendant
Mohammad Safdar Gohir
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MOHAMMAD SAFDAR GOHIR,

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Petitioner,
v.

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CASE NO. : 2:14-cv-00760-GMN-VCF

CHRISTOPHER HOYE, United States
Marshal for the District of Nevada, and
CHARLOTTE COLLINS, Warden, Nevada
Southern Detention Center,
Respondents.

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PETITIONER’S MOTION REQUESTING
HEARING

AND ORDER

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COMES NOW MOHAMMAD SAFDAR GOHIR, by and through his counsel of record

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KIMBERLY MAXSON-RUSHTON, ESQUIRE, of the law firm COOPER LEVENSON, P.A. and

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hereby submits this Motion Requesting a Hearing.

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On May 14, 2014 Petitioner filed a Petition for Writ of Habeas Corpus. On May 22, 2014

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Petitioner filed a First Amended Petition for Writ of Habeas Corpus. On June 2, 2014 this Court

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Ordered Respondents to file a Response to the First Amended Petition for Writ of Habeas Corpus by

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Monday June 16, 2014.

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The Petition for Writ of Habeas Corpus is predicated on Petitioner’s detention in an

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extradition matter before Magistrate Judge C.W. Hoffman. Pursuant to a status check hearing in the

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extradition matter, Docket 2:14-mj-00314-CWH, held on June 6, 2014, Mr. Gohir was informed that

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his detention would most likely be extended by a minimum of twenty (20) days. As subject matter

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jurisdiction is lacking, Petitioner’s continued detention is illegal, and therefore there continues to be

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immediate and irreparable harm.

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In anticipation of the response deadline set by this Court, Petitioner is prepared to file a reply,

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if necessary, to any response filed by Respondents within 24 hours. Therefore, Petitioner asserts that

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at that time this matter will be ripe for decision and a hearing is appropriate. Petitioner has retained

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outside counsel in addition to local Nevada counsel that will be traveling to Nevada from New

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Jersey and the United Kingdom. Due to the complications of coordinating last minute travel from the

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United Kingdom Petitioner respectfully requests that a hearing be set June 23-25, 2014.

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Dated this 12th day of June, 2014.

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COOPER LEVENSON, P.A.

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s/Kimberly Maxson-Rushton
KIMBERLY M. RUSHTON, ESQUIRE
Nevada Bar No. 5065
6060 Elton Avenue, Suite A
Las Vegas, Nevada 89107
Attorneys for Defendant
Mohammad Safdar Gohir

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ORDER

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THE COURT HAVING READ the foregoing Motion Requesting Hearing filed by
20 Petitioner Mohammad Safdar Gohir, and good cause appearing, hereby GRANTS
21 Petitioner's Motion.
Accordingly,
Accordingly, a motion hearing is set for Monday, June 30, 2014 at 10:30 a.m.
before the Honorable Gloria M. Navarro, Chief Judge, in Courtroom 7D of the Lloyd D.
23 George United HEREBY ORDERED that a hearing on Petitioner's Motion (ECF No. 10) is
IT IS States Courthouse.
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June 30, 2014 at 10:30
before
24 set for Monday,SO ORDERED this 23rd a.m.of June,the Honorable Gloria M. Navarro, Chief
IT IS
day
2014.
Judge, in Courtroom 7D of the Lloyd D. George United States Courthouse.
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IT IS SO ORDERED this 23rd day of June, 2014.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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