Heusner v. Neven et al

Filing 71

ORDER granting 70 Motion to Extend Time Re: 69 Motion to Dismiss - Responses due by 2/22/2022. Signed by Judge Richard F. Boulware, II on 2/8/2022. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:14-cv-01119-RFB-GWF Document 71 Filed 02/08/22 Page 1 of 3

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Alicia R. Intriago
Assistant Federal Public Defender
California State Bar No. 320102
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Allen Heusner

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

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Allen Heusner,
Petitioner,

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v.
Dwight Neven, et al.,
Respondents.

Case No. 2:14-cv-01119-RFB-GWF
Unopposed motion for extension of
time to file opposition to
Respondents’ Motion to Dismiss
(First Request)

Case 2:14-cv-01119-RFB-GWF Document 71 Filed 02/08/22 Page 2 of 3

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POINTS

AND

AUTHORITIES

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Petitioner Allen Heusner initiated this federal habeas action on July 9, 2014.

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ECF No. 1-1. The Federal Public Defender’s office appeared on behalf of Heusner on

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October 26, 2018, and filed a second amended petition on May 8, 2019. ECF Nos. 31,

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44. On May 24, 2019, this Court stayed federal proceedings for Heusner to exhaust

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state court remedies on a claim brought under the U.S. Supreme Court’s recent

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decision in McCoy v. Louisiana, 138 S. Ct. 1500 (2018). ECF No. 47.

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The undersigned attorney filed her notice of appearance on May 20, 2020. ECF

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No. 51. She filed a motion to reopen federal proceedings that same day. ECF No. 55.

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This Court officially re-opened federal proceedings on July 6, 2021. ECF No. 55.

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Respondents filed a motion to dismiss Heusner’s second amended petition for writ of

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habeas corpus on January 25, 2022. ECF No. 69. Heusner’s opposition to the motion

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to dismiss is currently due February 7, 2022.

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Heusner respectfully asks this Court to enter an order extending the deadline

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to file his opposition to Respondents’ Motion to Dismiss by 14 days from February 7,

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2022, until Tuesday, February 22, 2022. 1

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This is Heusner’s first request for an extension of this deadline.

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The undersigned attorney contacted opposing counsel, Deputy Attorney

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General Katrina Samuels, on February 4, 2022, who did not object to this request for

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an extension of time. Her lack of objection should not be construed as agreeing with

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the accuracy of the representations in this motion.

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Counsel has begun working on the opposition. However, due to counsel’s recent

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schedule she needs additional time to complete it. In addition to the opposition,

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counsel is also currently working on an amended petition in Herndon v. Neven, No.

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Technically 14 days falls on Monday, February 21, 2022, which is a federal
holiday. Accordingly, the filing deadline falls the following day.
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Case 2:14-cv-01119-RFB-GWF Document 71 Filed 02/08/22 Page 3 of 3

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3:20-cv-00489-MMD-CLB (D. Nev.), due February 9, 2022, and an application for a

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certificate of appealability due February 17, 2022, in Gallegos v. Baca, No. 21-16612

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(9th Cir.).

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Accordingly, counsel respectfully requests this Court grant the request for an

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extension of time to file the opposition to Respondents’ Motion to Dismiss in order for

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the effective and thorough representation of Petitioner Heusner in his federal habeas

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action.

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Dated February 7, 2022.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/ Alicia R. Intriago
Alicia R. Intriago
Assistant Federal Public Defender

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It is so ordered:

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____________________________________
United States District Judge
Dated:

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DATED this 8th day of February, 2022.

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