Heusner v. Neven et al

Filing 81

ORDER Granting 80 Motion to Extend Time to file reply re 69 Motion to Dismiss. Replies due by 8/3/2022. Signed by Judge Richard F. Boulware, II on 6/28/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:14-cv-01119-RFB-GWF Document 81 Filed 06/28/22 Page 1 of 4
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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
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALLEN S. HEUSNER,

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Case No. 2:14-cv-01119-RFB-GWF

Petitioner,

UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE
REPLY IN SUPPORT OF MOTION TO
DISMISS (ECF NO. 74)

v.
DWIGHT NEVEN, et al.,

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(THIRD REQUEST)
Respondent(s).

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Respondents move this Court for an enlargement of time of 37 days from the current due date of

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June 27, 2022, up to and including August 3, 2022, in which to file their Reply in support of their Motion

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to Dismiss to Heusner’s Second Amended Petition for Writ of Habeas Corpus (ECF No. 74). This Motion

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is made pursuant to FED. R. CIV. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon

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the attached declaration of counsel.

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This is the third enlargement of time sought by Respondents and is brought in good faith and not
for the purpose of delay.
DATED: June 27, 2022

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Submitted by:

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AARON D. FORD
Attorney General

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By:

/s/ Katrina A. Samuels
Katrina A. Samuels (Bar. No. 13394)
Deputy Attorney General

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Case 2:14-cv-01119-RFB-GWF Document 81 Filed 06/28/22 Page 2 of 4
DECLARATION OF KATRINA A. SAMUELS

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I, Katrina A. Samuels, being first duly sworn under oath, depose and state as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada and am

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employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I have been

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assigned to represent Respondents in Allen S. Heusner v. Dwight Neven, et al., Case No. 2:14-cv-01119-

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RFB-GWF, and as such, have personal knowledge of the matters contained herein.

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2.

This Motion is made in good faith and not for the purpose of delay.

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3.

The Reply to Heusner’s Opposition is currently due on Monday, June 27, 2022.

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4.

Respondents have been unable with due diligence to timely complete the Reply.

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5.

In the past few months, Respondents filed a response to motion to provide justice court

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records filed April 7, 2022 (Christopher Lenard Blockson v. Jerry Howell, et al., Case No. 2:21-cv-

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00731-GMN-VCF); a motion to dismiss filed April 22, 2022 (Derrell Lee Christy, Jr. v. William

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Hutchings, Case No. 2:21-cv-00132-APG-BNW); a response to a motion to strike filed May 2, 2022

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(Slater Lance Yohey v. Perry Russell, et al., Case No. 3:20-cv-00441-ART-CLB); a renewed motion to

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dismiss filed May 2, 2022 (Slater Lance Yohey v. Perry Russell, et al., Case No. 3:20-cv-00441-ART-

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CLB); an answering brief in the Ninth Circuit filed May 9, 2022 (John Michael Farnum v. Robert

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Legrand, Warden; Attorney General for the State of Nevada, Case No. 21-15529); an opposition to

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motion for recusal filed May 11, 2022 (Justin Odell Langford v. Warden Renee Baker, et al., Case No.

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3:19-cv-00594-MMD-CSD); an opposition to motion to reconsider motion to amend petition filed May

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16, 2022 (Justin Odell Langford v. Warden Renee Baker, et al., Case No. 3:19-cv-00594-MMD-CSD);

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a reply in support of motion to dismiss filed May 31, 2022 (Markiece Palmer v. William Gittere, et al.,

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Case No. 3:18-cv-00245-HDM-CLB); a reply in support of motion to dismiss filed June 20, 2022

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(Christopher Lenard Blockson v. Jerry Howell, et al., Case No. 2:21-cv-00731-GMN-VCF); and various

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responses in state post-conviction cases.
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Respondents communicated with counsel for Heusner regarding this extension and they

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do not object to this request.

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///

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Case 2:14-cv-01119-RFB-GWF Document 81 Filed 06/28/22 Page 3 of 4
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7.

Based on the forgoing, Respondents respectfully request an enlargement of time of 37

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days from the current due date, June 27, 2022, up to and including August 3, 2022, to file our Reply in

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Support of our Motion to Dismiss.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on June 27, 2022.

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/s/ Katrina A. Samuels
Katrina A. Samuels (Bar. No. 13394)
Deputy Attorney General

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IT IS SO ORDERED:

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________________________________
UNITED STATES DISTRICT COURT

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Dated: __________________________

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DATED this 28th day of June, 2022.

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Case 2:14-cv-01119-RFB-GWF Document 81 Filed 06/28/22 Page 4 of 4
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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing Unopposed Motion for Enlargement of

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Time to File Reply in Support of Motion to Dismiss (ECF No. 74) (Third Request) with the Clerk of the

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Court by using the CM/ECF system on June 27, 2022.

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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
[e-mail]@fd.org
Counsel for Petitioner
Jonathan M. Kirshbaum, Esq.
Assistant Federal Public Defender
411 East Bonneville Ave., Suite 250
Las Vegas, NV 89101
[e-mail]
Counsel for Petitioner

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/s/ J. Gochuico
An employee of the Office of the Attorney General

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