Burgon v. Nevens et al

Filing 56

ORDER Granting 55 Motion to Extend Time Re: 46 Motion to Dismiss. Replies due by 3/2/2018. Signed by Judge Richard F. Boulware, II on 1/18/2018. (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,
Petitioner,

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2:14-cv-01128-RFB-CWH
vs.

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ORDER
ATTORNEY GENERAL, et al.,
Respondents.
_____________________________/

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In this habeas corpus action, the petitioner, Clay Burgon, filed an amended habeas petition on

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April 11, 2017 (ECF No. 36). Respondents filed a motion to dismiss on August 1, 2017 (ECF No.

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46). Burgon filed an opposition to the motion to dismiss on December 15, 2017 (ECF No. 54).

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Respondents= reply was due on January 16, 2018. See Order entered May 15, 2017 (ECF No. 42)

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(30 days for reply).

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On January 16, 2018, respondents filed a motion for extension of time (ECF No. 55),

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requesting a 45-day extension of time, to March 2, 2018. Respondents= counsel states that the

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extension of time is necessary because an attorney in her unit has retired, and because of her

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responsibilities in other cases (the Court notes that there are several obvious mistakes in counsel=s

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declaration -- much of it apparently relates to a different case). Petitioner does not oppose the

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extension of time.

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The Court finds that respondents= 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

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will grant this extension of time.

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However, given the amount of time that petitioner will have had to file the reply -- about two
and a half months -- the Court will not further extend this deadline.
IT IS THEREFORE ORDERED that respondents= motion for extension of time

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(ECF No. 55) is GRANTED. Respondents will have until and including March 2, 2018, to file a

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reply in support of their 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 18th day of January, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE