Burgon v. Nevens et al

Filing 75

ORDER Granting 74 Motion to Extend Time to Reply re 36 Amended Petition for Writ of Habeas Corpus. Replies due by 3/18/2019. Signed by Judge Richard F. Boulware, II on 1/17/2019. (Copies have been distributed pursuant to the NEF - ADR)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Kimberly Sandberg
Assistant Federal Public Defender
New York State Bar No. 5152863
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Clay Burgon

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Clay Burgon,
Petitioner,

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v.
D.W. Neven, et al.,
Respondents.

Case No. 2:14-cv-01128-RFB-CWH
Unopposed motion for extension of
time to file a reply to answer.
(First Request)

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Petitioner Clay Burgon moves this Court for the entry of an order extending

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the time within which he must file a reply to answer by 60 days from January 17,

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2019 to and including March 18, 2019. The state, by Deputy Attorney General Ashley

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Balducci, does not object to this request.

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This is Burgon’s first request for an extension of time. This motion is not filed

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for the purposes of delay but in the interests of justice, as well as in the interests of

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Burgon.

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Counsel’s schedule and circumstances beyond her control have precluded her

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from meeting the current deadline of January 17, 2019. Counsel filed two oppositions

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to motions to dismiss last week and will file an amended petition and another

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opposition to motion to dismiss next week. Counsel is preparing for an evidentiary

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hearing in the Eighth Judicial District Court, which requires travel to Idaho in

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February. Counsel is also preparing for oral argument at the Ninth Circuit, which is

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also in February and requires travel. Counsel is drafting an opening brief to the

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Nevada Supreme Court. Counsel was assigned two new cases recently.

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For these reasons, counsel respectfully asks this Court to grant Burgon’s

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request to extend the time for filing reply to answer by 60 days until March 18, 2019.

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527

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Dated January 16, 2019.

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Respectfully submitted,

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RENE L. VALLADARES
Federal Public Defender

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/s/Kimberly Sandberg
Kimberly Sandberg
Assistant Federal Public Defender

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
______________________________
UNITED STATES DISTRICT JUDGE
United States District Judge
DATED this 17th day of January, 2019.
Dated: ________________________

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527

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C E R TI FI C A T E

OF

S E R V I CE

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I hereby certify that on January 16, 2019, I electronically filed the foregoing

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with the Clerk of the Court for the United States District Court, District of Nevada

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by using the CM/ECF system.

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Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Ashley Balducci.

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I further certify that some of the participants in the case are not registered

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CM/ECF users. I have mailed the foregoing by First-Class Mail, postage pre-paid, or

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have dispatched it to a third party commercial carrier for delivery within three

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calendar days, to the following non-CM/ECF participants:
Clay Burgon
No. 87633
High Desert State Prison
PO Box 650
Indian Springs, NV 89070
/s/Jessica Pillsbury
An Employee of the
Federal Public Defender

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527