Burgon v. Nevens et al

Filing 67

ORDER. IT IS ORDERED that 66 respondents' Motion for Extension of Time is GRANTED. Respondents will have until 12/3/18, to file their answer. Signed by Judge Richard F. Boulware, II on 10/30/2018. (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 Merritt Burgon,

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Case No. 2:14-cv-01128-RFB-CWH

Petitioner,

Order

v.

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Brian Williams, Sr., et al.,
Respondents.

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In this habeas corpus case, the Court ruled on the respondents’ motion to dismiss

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on March 19, 2018 (ECF No. 58). The Court ordered that the respondents then had 60

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days to file their answer, responding to the petitioner’s remaining claims. Then, after two

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60-day extensions of time and a 45-day extension of time, the respondents were to file

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their answer by November 2, 2018. See Order entered March 19, 2018 (ECF No. 58);

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Order entered May 22, 2018 (ECF No. 60); Order entered July 20, 2018 (ECF No. 62);

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Order entered September 19, 2018 (ECF No. 64).

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In the order granting the last extension of time the Court stated that “in light of the

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amount of time that the respondents have had to file their answer, the Court will not look

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favorably upon any motion to further extend this deadline.” Order entered September 19,

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2018 (ECF No. 64), p. 2.

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Nevertheless, on October 29, 2018, Respondents filed a motion requesting yet a

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fourth extension of time (ECF No. 66) – this time a 31-day extension of time, to December

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3, 2018. Respondents’ counsel states that the extension of time is necessary because

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she was only recently assigned to this case, and because of her obligations in other

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cases. The petitioner does not oppose the motion for extension of time. The Court finds

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that respondents’ motion for extension of time is made in good faith and not solely for the

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purpose of delay, and that there is good cause for the extension of time requested.

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The Court will grant this motion for extension of time. Respondents should take

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note, however: the Court will not further extend this deadline absent extraordinary

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circumstances.

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IT IS THEREFORE ORDERED that respondents’ Motion for Extension of Time

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(ECF No. 66) is GRANTED. Respondents will have until December 3, 2018, to file their

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answer.

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IT IS FURTHER ORDERED that, 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 30th day of October, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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