Burgon v. Nevens et al

Filing 52

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)

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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, the petitioner, Nevada prisoner Clay Burgon, represented by

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counsel, filed an amended petition for writ of habeas corpus on April 11, 2017 (ECF No. 36).

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Respondents filed a motion to dismiss on August 1, 2017 (ECF No. 46). After a 45-day extension of

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time, Burgon’s response to the motion to dismiss was due on November 16, 2017. See Order entered

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May 15, 2017 (ECF No. 42) (60 days to respond); Order entered October 4, 2017 (ECF No. 49) (45-day

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extension).

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On November 15, 2017, Burgon filed a motion for extension of time (ECF No. 50), requesting

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a further 29-day extension, to December 15, 2017. Petitioner’s counsel states that the extension of time

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is necessary because she only recently took on this case, and because of her obligations in other cases.

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Respondents do not oppose the extension of time.

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The Court finds that petitioner’s motion for extension of time is made in good faith and not

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solely for the purpose of delay, and that there is good cause for the extension of time. The Court will

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grant this extension of time. However, given the amount of time that petitioner will have had to respond

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to the motion to dismiss, the Court will not be inclined to further extend this deadline.

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IT IS THEREFORE ORDERED that petitioner’s motion for extension of time

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(ECF No. 50) is GRANTED. Petitioner will have until and including December 15, 2017, to file a

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response to the respondents’ motion to dismiss. In all other respects, the schedule for further

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proceedings set forth in the order entered May 15, 2017 (ECF No. 42) will remain in effect.

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Dated this 16th day of November, 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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