Lane, III v. Neven et al

Filing 32

ORDER Granting 31 Motion to Extend Time to Reply re 28 Answer to Amended Habeas Petition. Replies due by 5/11/2017. Signed by Judge Andrew P. Gordon on 5/8/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-00794-APG-PAL Document 31 Filed 05/04/17 Page 1 of 4

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RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
C.B. KIRSCHNER
Assistant Federal Public Defender
Pennsylvania Bar No. 92998
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (Fax)
[e-mail]

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Attorney for Petitioner Charles Lane III

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES LANE, III,
Petitioner,

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v.

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DWIGHT NEVEN, et al.,
Respondents.

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Case No. 2:14-cv-00794-APG-PAL
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE
REPLY TO ANSWER
(Third Request)

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Petitioner, Charles Lane, by and though counsel, C.B. Kirschner, Assistant

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Federal Public Defender, moves this Court for an extension of time of seven (7) days
from May 4, 2017, to and including May 11, 2017, to file a Reply to Respondents’
Answer to the Amended Petition for Writ of Habeas Corpus. This motion is based

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upon the attached points and authorities and all pleadings and papers on file

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herein.

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///

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///

Case 2:14-cv-00794-APG-PAL Document 31 Filed 05/04/17 Page 2 of 4

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POINTS AND AUTHORITIES
1.

Charles Lane filed his pro se Petition for a Writ of Habeas Corpus on

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May 15, 2014. ECF No. 1-1. On July 14, 2015, Mr. Lane, through counsel, filed an

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Amended Petition. ECF No. 12. Respondents filed an Answer to the Amended

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Petition on December 19, 2016. ECF No. 28. Mr. Lane’s Reply to Respondents’

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Answer is currently due May 4, 2017. Mr. Lane now requests an additional seven

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(7) days to file his Reply, until May 11, 2017. This is the third request for an

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extension of time.

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2.

The additional period of time is necessary in order to effectively

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represent Mr. Lane. This motion is filed in the interests of justice and not for the

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purposes of unnecessary delay.

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3.

Counsel was out of the office for several days last month due to illness

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and for personal business. Counsel will again be out of the office attending a

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previously scheduled CLE seminar on May 4th and May 5th.

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4.

Additionally, a time-critical matter unexpectedly arose in another

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habeas case, Melonie Sheppard v. Jo Gentry, state case number CR03-0502B,

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federal case number 3:14-cv-00059-MMD-VPC. The state district court issued a

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final order on April 12, 2017. Counsel is/was up against a 30-day immovable

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deadline to resolve this matter, which required extensive negotiations with the

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State, arrangements with the court, and a trip to the state correctional facility to

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meet with client.

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5.

On May 2, 2017, Deputy Attorney General Matthew Johnson was

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contacted via email and stated that he did not object to the extension, but the lack

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of objection should not be construed as a waiver of any issues or defenses.

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Case 2:14-cv-00794-APG-PAL Document 31 Filed 05/04/17 Page 3 of 4

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6.

For the above stated reasons, Petitioner respectfully requests this

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Court grant the request for an extension of time of seven (7) days and order the

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Reply to be filed on or before May 11, 2017.

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Dated this 4th day of May, 2017.

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Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

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/s/ C.B. Kirschner

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C.B. KIRSCHNER
Assistant Federal Public Defender

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IT IS SO ORDERED:

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____________________________________
UNITED STATES DISTRICT JUDGE

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5/8/2017
DATED: ____________________

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