Heusner v. Neven et al

Filing 57

ORDER granting 56 Motion to Extend Time Re: 44 Amended Petition for Writ of Habeas Corpus. Answers are due 10/22/2021. Signed by Judge Richard F. Boulware, II on 9/4/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:14-cv-01119-RFB-GWF Document 57 Filed 09/07/21 Page 1 of 4 1 2 3 4 5 6 7 AARON D. FORD Attorney General Katrina A. Samuels (Bar. No. 13394) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, NV 89101 (702) 486-3770 (phone) (702) 486-2377 (fax) KSamuels@ag.nv.gov Attorneys for Respondents 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ALLEN S. HEUSNER, 11 12 13 14 Petitioner, vs. DWIGHT NEVEN, et al., Case No. 2:14-cv-01119-RFB-GWF UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO HEUSNER’S SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS (ECF NO. 44) Respondents. (FIRST REQUEST) 15 16 Respondents move this Court for an enlargement of time from the current due date of September 17 7, 2021, in which to file their Response to Heusner’s Second Amended Petition for Writ of Habeas Corpus 18 (ECF No. 44). This Motion is made pursuant to FED. R. CIV. P. 6(b) and Rule 6-1 of the Local Rules of 19 Practice and is based upon the attached declaration of counsel. 20 21 22 This is the first enlargement of time sought by Respondents and is brought in good faith and not for the purpose of delay. DATED: September 2, 2021. 23 Submitted by: 24 AARON D. FORD Attorney General 25 26 27 By: /s/ Katrina A. Samuels Katrina A. Samuels (Bar. No. 13394) Deputy Attorney General 28 1 Case 2:14-cv-01119-RFB-GWF Document 57 Filed 09/07/21 Page 2 of 4 DECLARATION OF KATRINA A. SAMUELS 1 2 STATE OF NEVADA 3 COUNTY OF CLARK ) ) ss. ) 4 I, Katrina A. Samuels, being first duly sworn under oath, depose and state as follows: 5 1. I am an attorney licensed to practice law in all courts within the State of Nevada and am 6 employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I have been 7 assigned to represent Respondents in Allen S. Heusner v. Dwight Neven, et al., Case No. 2:14-cv-01119- 8 RFB-GWF, and as such, have personal knowledge of the matters contained herein. 9 2. This Motion is made in good faith and not for the purpose of delay. 10 3. The Response to Heusner’s Second Amended Petition is currently due on September 7, 12 4. I have been unable with due diligence to timely complete the Response. 13 5. In the past few months, Respondents filed a response to a motion to strike due July 1, 2021 11 2021. 14 (Mario Herrada-Gonzalez v. Jerry Howell, et. al., Case No. 2:20-cv-01013-GMN-DJA); a supplemental 15 brief in the Ninth Circuit Court of Appeals due July 16, 2021 (Peter J. Munoz, Jr., v. Gregory Smith, et 16 al., No. 20-16327); an opening brief in the Nevada Supreme Court due July 29, 2021 (In the Matter of 17 the Application of Breck Warden Smith for a Writ of Habeas Corpus, No. 82696); a motion to dismiss 18 due August 2, 2021 (Sanjiv N. Daveshwar v. Garrett, et al., Case No. 3:20-cv-00612-MMD-CLB); a 19 response to a motion for discovery due August 13, 2021 (Evaristo N. Rodriguez v. Tim Garrett et al., 20 Case No. 3:20-cv-00691-MMD-CLB); and an answer due August 19, 2021 (Harold Cordova v. Isidro 21 Baca, et al., Case No. 3:19-cv-00388-MMD-CLB). Respondents also have a second supplemental brief 22 in the Ninth Circuit Court of Appeals due September 8, 2021 (Peter J. Munoz, Jr., v. Gregory Smith, et 23 al., No. 20-16327). 6. 24 25 Due to these instantaneous deadlines, I request a 45-day enlargement of time, up to and including October 22, 2021, to file our Response. 7. 26 27 to this request. 28 I communicated with counsel for Heusner regarding this extension and she does not object /// 2 Case 2:14-cv-01119-RFB-GWF Document 57 Filed 09/07/21 Page 3 of 4 1 8. Based on the foregoing, I respectfully request an enlargement of time of 45 days from the 2 current due date, up to and including October 22, 2021, to file the Response to Heusner’s Second 3 Amended Petition. 4 I declare under penalty of perjury that the foregoing is true and correct. 5 Executed on this 2nd day of September 2021. 6 7 /s/ Katrina A. Samuels Katrina A. Samuels (Bar No. 13394) Deputy Attorney General 8 9 IT IS SO ORDERED: 10 11 12 13 __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 4th day of September, 2021. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case 2:14-cv-01119-RFB-GWF Document 57 Filed 09/07/21 Page 4 of 4 CERTIFICATE OF SERVICE 1 2 I hereby certify that I electronically filed the foregoing Unopposed Motion For Enlargement Of 3 Time To File Response To Heusner’s Second Amended Petition For Writ Of Habeas Corpus (ECF No. 4 44) (First Request) with the Clerk of the Court by using the CM/ECF system on September 2, 2021. 5 6 7 8 9 10 11 12 The following participants in this case are registered CM/ECF users and will be served by the CM/ECF system: Alicia R. Intriago, Esq. Assistant Federal Public Defender 411 East Bonneville Avenue, Suite 250 Las Vegas, NV 89101 Alicia_Intriago@fd.org@fd.org Jonathan M. Kirshbaum, Esq. Assistant Federal Public Defender 411 East Bonneville Ave., Suite 250 Las Vegas, NV 89101 Jonathan_Kirshbaum@fd.org 13 14 /s/ M. Landreth An employee of the Office of the Attorney General 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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