Burgon v. Nevens et al

Filing 35

ORDER. IT IS ORDERED that 34 petitioner's motion for extension of time is GRANTED. Petitioner shall have until and including 4/11/17, to file an amended petition for writ of habeas corpus. This will be the FINAL EXTENSION. Signed by Judge Richard F. Boulware, II on 3/24/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CLAY BURGON,

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Petitioner,

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vs.

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2:14-cv-01128-RFB-CWH

ATTORNEY GENERAL, et al.,

ORDER
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Respondents.
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In this habeas corpus action, on March 31, 2016, the Court appointed counsel for the

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petitioner, Clay Burgon, and granted Burgon 60 days to file an amended petition (ECF No. 24).

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The Federal Public Defender for the District of Nevada (FPD), appeared on Burgon’s behalf on

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April 15, 2016 (ECF No. 25). Subsequently, the Court granted Burgon three extensions of time,

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totaling ten months (ECF Nos. 28, 31, 33), making the amended petition due on March 28, 2017.

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On March 24, 2017, Burgon filed a motion (ECF No. 34), requesting another extension of

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time -- a 14-day extension, to April 11, 2017. Petitioner’s counsel, Assistant Federal Public

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Defender Armilla Staley-Ngomo, states that this fourth extension of time is necessary because of the

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transfer of the case, within the FPD’s office, from another attorney to her, in June 2016, because she

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was out on maternity leave for about three months beginning shortly after she took over the case,

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because of her obligations in other cases, and because this is a complex habeas corpus case requiring

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her and other FPD staff to gather and review voluminous files and court records. Burgon’s counsel

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states that respondents do not oppose the motion for extension of time.

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The Court is familiar with the background of this case; respondents filed much, if not all, of

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the state court record on May 13, 2015 (ECF Nos. 9, 10, 11), and the court has examined those

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records. This is not an unusually complex habeas corpus action. The court does not approve of the

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amount of time required for petitioner to amend his petition in this case. However, in the interests of

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justice, the Court will grant this motion for extension of time.

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The court will not be inclined to further extend this deadline absent extraordinary
circumstances.
IT IS THEREFORE ORDERED that petitioner’s motion for extension of time (ECF No.

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34) is GRANTED. Petitioner shall have until and including April 11, 2017, to file an amended

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petition for writ of habeas corpus. This will be the FINAL EXTENSION.

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DATED this 24th day of March, 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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