Bodden v. Gentry et al

Filing 67

ORDER Granting 66 Motion to Extend Time re 41 Motion to Dismiss. ( Responses due by 4/30/2017.) Signed by Judge Richard F. Boulware, II on 3/28/17. (Copies have been distributed pursuant to the NEF - ADR)

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RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
ARMILLA STALEY-NGOMO
Assistant Federal Public Defender
California State Bar No. 259686
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]

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Attorney for Petitioner KAREN BODDEN

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KAREN BODDEN,
Petitioner,

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v.
JO GENTRY, et al.
Respondents.

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Case No. 2:14-cv-01968-RFB-NJK
UNOPPOSED MOTION FOR AN
ENLARGMENT OF TIME IN WHICH
TO FILE OPPOSITION TO MOTION
TO DISMISS
(Third Request)

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Petitioner, Karen Bodden, by and through the Office of the Federal Public

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Defender, moves this Court for an enlargement of time of thirty (30) days in which to

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file the Opposition to the Motion to Dismiss. This motion is based upon the attached

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declaration of counsel and all pleadings and papers on file herein.

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DATED this 24th day of March, 2017.
Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

/s/ Armilla Staley-Ngomo

ARMILLA STALEY-NGOMO
Assistant Federal Public Defender

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DECLARATION OF ARMILLA STALEY-NGOMO

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STATE OF NEVADA

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COUNTY OF CLARK

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ss:

I, ARMILLA STALEY-NGOMO, hereby declare under penalty of perjury the
following is true and correct:
1.

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I am an Assistant Federal Public Defender in the Non-Capital Habeas

Unit of the Federal Public Defender’s Office.

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2.

On May 8, 2015, the Federal Public Defender’s Office was appointed as

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counsel for Petitioner Karen Bodden, and was given thirty (30) days to file an

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appearance. ECF No. 6. On June 17, 2015, Assistant Federal Public Defender

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Melanie Gavisk entered her appearance. ECF No. 9. On June 3, 2016, Ms. Gavisk

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filed the First Amended Petition for Writ of Habeas Corpus with exhibits. ECF Nos.

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18-36.

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3.

On August 10, 2016, I entered my Notice of Appearance in this matter

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due to Ms. Gavisk leaving the Federal Public Defender’s Office. ECF No. 40.

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However, I was on maternity leave from July 25, 2016 until October 26, 2016, and

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was therefore unable to work on Ms. Bodden’s case during that three-month time

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period.

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4.

On September 7, 2016, Respondents’ filed the Motion to Dismiss. ECF

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No. 41. Defense counsel’s opposition to the motion to dismiss is currently due on

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March 31, 2017.

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5.

This is defense counsel’s third request for an extension. Since my return

from maternity leave, I have been assigned to eleven non-capital habeas corpus
matters in which amended petitions are due, including three matters that were
prioritized because the petitioners had AEDPA time remaining on their amended

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petitions. All of my other pre-petition matters currently have deadlines within the

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next three months—on or about June of 2017. I therefore require additional time to

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effectively and thoroughly represent Ms. Bodden—a petitioner whom defense counsel

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believes is innocent and has been wrongfully convicted. More specifically, I require

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additional time to review the case file, conduct additional research and investigation,

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visit Ms. Bodden at the Florence McClure Women’s Correctional Center, and prepare

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the opposition to the motion to dismiss. This motion is not filed for the purposes of

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delay, but in the interests of justice, as well as in the interests of Ms. Bodden. Nev.

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R. Prof. Conduct 1.1.

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6.

On March 22, 2017, I contacted Deputy Attorney General Matthew

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Johnson via email regarding this request, and was advised that he is not opposed to

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this request for an enlargement of time. However, his lack of objection should not be

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construed as a waiver of any procedural defenses, as a concession that any amended

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petition will be considered timely filed, or as a basis for equitable tolling.

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7.

For the reasons stated above, as well as the files and records in this case,

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I ask this Court to grant my request for an extension of time of thirty (30) days, and

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order that the opposition to the motion to dismiss be filed on or before April 30, 2017.

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I declare under the penalty of perjury that the foregoing is true and correct.
DATED this 24th day of March, 2017.

IT IS SO ORDERED:

Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

__________________________
RICHARD F. BOULWARE, II
United States District Judge

/s/ Armilla Staley-Ngomo

DATED this 28th day of March, 2017.

ARMILLA STALEY-NGOMO
Assistant Federal Public Defender

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CERTIFICATE OF SERVICE

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In accordance with the Rules of Civil Procedure, the undersigned hereby

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certifies that on this 24th day of March, 2017 a true and correct copy of the foregoing

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was filed electronically with the United States District Court. Electronic service of

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the foregoing document shall be made in accordance with the master service list as

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follows:

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Matthew S. Johnson
Deputy Attorney General
100 North Carson Street
Carson City, NV 89701

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/s/ Jessica Pillsbury

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An Employee of the
Federal Public Defender,
District of Nevada

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