Burgon v. Nevens et al
ORDER. IT IS ORDERED that 50 petitioner's motion for extension of timeis GRANTED. Petitioner will have until and including 12/15/17, to file a response to the respondents motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered 5/15/17 42 will remain in effect. Signed by Judge Richard F. Boulware, II on 11/16/2017. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ATTORNEY GENERAL, et al.,
In this habeas corpus action, the petitioner, Nevada prisoner Clay Burgon, represented by
counsel, filed an amended petition for writ of habeas corpus on April 11, 2017 (ECF No. 36).
Respondents filed a motion to dismiss on August 1, 2017 (ECF No. 46). After a 45-day extension of
time, Burgon’s response to the motion to dismiss was due on November 16, 2017. See Order entered
May 15, 2017 (ECF No. 42) (60 days to respond); Order entered October 4, 2017 (ECF No. 49) (45-day
On November 15, 2017, Burgon filed a motion for extension of time (ECF No. 50), requesting
a further 29-day extension, to December 15, 2017. Petitioner’s counsel states that the extension of time
is necessary because she only recently took on this case, and because of her obligations in other cases.
Respondents do not oppose the extension of time.
The Court finds that petitioner’s motion for extension of time is made in good faith and not
solely for the purpose of delay, and that there is good cause for the extension of time. The Court will
grant this extension of time. However, given the amount of time that petitioner will have had to respond
to the motion to dismiss, the Court will not be inclined to further extend this deadline.
IT IS THEREFORE ORDERED that petitioner’s motion for extension of time
(ECF No. 50) is GRANTED. Petitioner will have until and including December 15, 2017, to file a
response to the respondents’ motion to dismiss. In all other respects, the schedule for further
proceedings set forth in the order entered May 15, 2017 (ECF No. 42) will remain in effect.
Dated this 16th day of November, 2017.
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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