Barnes v. Nevens et al

Filing 14

ORDER Granting 13 Motion to Extend Time to file Motion for Stay. Motions due by 6/1/2016. Signed by Judge Richard F. Boulware, II on 5/9/16. (Copies have been distributed pursuant to the NEF - MMM)

RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
JASON F. CARR
Assistant Federal Public Defender
Nevada State Bar No. 6587
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]
Attorneys for Petitioner Demar Barnes
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DEMAR RAHYMES BARNES,
Petitioner,
v.
D.W. NEVEN, et al.,
Respondents.

Case No. 2:14-cv-01946-RFB-PAL
UNOPPOSED
MOTION
FOR
EXTENSION OF TIME TO DECIDE
WHETHER TO FILE A MOTION TO
STAY
(First Request)

The Petitioner, Demar Rahymes Barnes, by and through his attorney of record,
Jason F. Carr, Assistant Federal Public Defender, moves this Court for an
enlargement of time of thirty days (30) days from May 2, 2016 to June 1, 2016, in
which to file, if necessary, a Motion for Stay. This motion is based upon the attached
points and authorities and all pleadings and papers on file herein.

BASIS FOR THE REQUEST
1.

On March 31, 2016, the Law Office of the Federal Public Defender “FPD”

was appointed to represent Petitioner in the above-entitled action. (See ECF 11.) This
Court further ordered Barnes Motion for Stay (ECF 10) denied without prejudice and
that “[p]etitioner shall have thirty (30) days form the date of this Order to refile a
motion to stay after consulting with his appointed counsel.” (ECF 11.)
2.

Since appointment to this case, counsel’s office has engaged in the

process of ordering, gathering and organizing the state court record, including all
discovery and prior counsel files, in Mr. Barnes’s case. All of the aforementioned
documents have been electronically imaged in accordance with the case management
and handling procedures set in place by the non-capital habeas unit to go paper free.
3.

Counsel has not had an opportunity to meet with Mr. Barnes to discuss

the complexities of this case including the need for a motion to stay. An extension of
time is necessary to provide counsel sufficient time to: 1) to discuss the complexities
of this matter with Mr. Barnes; 2) allow for the consultation with the unit chief; 3)
allow counsel to continue his review of the record; and 4) allow counsel sufficient time
to investigate this relatively complex case before drafting the motion for stay.
4.

Therefore, counsel seeks an additional thirty (30) days, to and including

June 1, 2016, in which to continue his review of the record and determine whether it
is in Barnes’ best interest to return to state court. This is counsel’s first request for
an extension of time in this case.
5.

On or about May 4, 2016, I contacted Senior Deputy Attorney General

Victor-Hugo Schulze, II concerning this request for an extension of time. Mr. Schulze
had no objection to the request for an extension of time, with the caveat that nothing
about the decision not to oppose Petitioner’s extension request signifies an implied

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finding of a basis for tolling any applicable period of limitations or the waiver of any
other procedural defense. Petitioner at all times remains responsible for calculating
any limitations periods and understands that, in granting an extension request, the
Court makes no finding or representation that the petition, any amendments thereto,
and/or any claims contained therein are not subject to dismissal as untimely.
6.

Counsel for Petitioner respectfully requests that this Court grant this

motion and order Petitioner to file his Motion for Stay no later than June 1, 2016.
DATED this 5th day of May 2016.
FEDERAL PUBLIC DEFENDER
DISTRICT OF NEVADA

/s/ Jason F. Carr

JASON F. CARR
Assistant Federal Public Defender
IT IS SO ORDERED:

______________________________
RICHARD F. BOULWARE, II
United States District Judge
May 9, 2016
Dated: ________________________

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CERTIFICATE OF SERVICE
In accordance with the Rules of Civil Procedure, the undersigned hereby
certifies that on this 5th day of May, 2016, a true and correct copy of the foregoing
was filed electronically with the United States District Court. Electronic service of
the foregoing document shall be made in accordance with the master service list as
follows:
Victor-Hugo Schulze, II
Senior Deputy Attorney General
Office of the Attorney General
Special Prosecutions Division
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101-1068
[e-mail]

/s/ Leianna Jeske

An Employee of the
Federal Public Defender
District of Nevada

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