Sanders v. Williams et al

Filing 40

ORDER that 38 Motion to Extend Time is DENIED. FURTHER ORDERED that the court will hold a status conference regarding this case on March 22, 2017, at 10:00 a.m. Counsel for all parties shall appear for that conference. Signed by Judge James C. Mahan on 3/20/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DEBARON SANDERS,

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Petitioner,

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vs.

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2:14-cv-01966-JCM-NJK

BRIAN WILLIAMS, SR., et al.,

ORDER
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Respondents.
_______________________________/

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In this habeas corpus action, after two extensions of time, the first for 90 days and the

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second for 45 days, the petitioner, Debaron Sanders, was due to file an amended habeas petition by

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February 24, 2017. See Order entered July 14, 2016 (ECF No. 31); Order entered October 14, 2016

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(ECF No. 36); Order entered February 10, 2017 (ECF No. 37).

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Sanders is represented by attorney William Gamage, who was appointed to represent

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Sanders on July 14, 2016 (ECF No. 31), and who made an initial appearance on Sanders’ behalf on

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July 25, 2016 (ECF Nos. 32, 33). When, on February 10, 2017, the court, acting sua sponte, and “in

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the interests of justice,” granted the second extension of time, a month after the previously-set

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deadline had passed, and extended the deadline to February 24, the court warned:

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If Gamage does not meet that deadline, the court intends to enter an order requiring
Gamage to show cause why he should not be subject to sanctions and/or removed
from his representation of the petitioner in this case.
Order entered February 10, 2017 (ECF No. 37), p. 1 (emphasis in original).

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Gamage did not file an amended petition on Sanders’ behalf by February 24. Instead, on

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February 24, Gamage filed a motion for extension of time (ECF No. 38), requesting that the deadline

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for the amended petition be extended by another seven days, to March 3, 2017. Gamage explained:

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Counsel experienced some sort of technical issue with creating PDF versions of the
Amended Petition and accompanying documents. In an abundance of caution counsel
requests 7 days time to resolve the issue with computer software personnel or the
software manufacturer.

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Motion for Extension of Time (ECF No. 38), p. 1. On February 27, 2017, respondents filed a notice

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(ECF No. 39) stating that they do not oppose the motion for extension of time.

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Gamage did not file the amended petition by March 3, the deadline that he proposed in his

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motion for extension of time; nor did he file the amended petition in the two and a half weeks that

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have passed since that date. Gamage has taken no further action in this case since he filed the

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motion for extension of time on February 24.

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The court cannot find, on the record in this case, that Gamage’s motion for extension of time

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was made in good faith, or that there is good cause for the extension of time he requested.

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IT IS THEREFORE ORDERED that petitioner’s Motion for Extension of Time

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(ECF No. 38) is DENIED.

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IT IS FURTHER ORDERED that the court will hold a status conference regarding this

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case on March 22, 2017, at 10:00 a.m. Counsel for all parties shall appear for that conference.

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March 20, 2017.
Dated this _____ day of March, 2017.

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UNITED STATES DISTRICT JUDGE
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