Villalobos v. Williams et al

Filing 21

ORDER Granting 20 Motion to Extend Time. Amended Petition due by 12/27/2016. Signed by Judge Richard F. Boulware, II on 10/10/16. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 AMELIA L. BIZZARO Assistant Federal Public Defender Wisconsin State Bar No. 1045709 411 E. Bonneville, Ste. 250 Las Vegas, Nevada 89101 (702) 388-6577 (702) 388-5819 (fax) Counsel for Petitioner Gonzalo Villalobos UNITED STATES DISTRICT COURT 9 10 11 DISTRICT OF NEVADA GONZALO VILLALOBOS, Petitioner, 12 13 14 v. BRIAN WILLIAMS, et al., Respondents. 15 16 17 18 19 20 21 22 23 24 25 26 Case No. 2:14-cv-02029-RFB-GWF UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS (Second Request) Petitioner Gonzalo Villalobos, by counsel, moves this Court for an Order extending the time in which he must file an amended petition for writ of habeas corpus by 90 days from September 28, 2016 to, and including, December 27, 2016. This motion is based on the attached points and authorities and the record in this case. Dated this 28th day of September, 2016. Respectfully submitted, RENE L. VALLADARES Federal Public Defender /s/ Amelia L. Bizzaro AMELIA L. BIZZARO Assistant Federal Public Defender 1 2 POINTS AND AUTHORITIES 1. On October 13, 2000, the state charged Villalobos with several crimes 3 related to a drive-by shooting. The jury convicted him of second-degree murder with 4 use of a deadly weapon, five counts of attempted murder with use of a deadly 5 weapon, and six counts of discharging a firearm out of a motor vehicle. The court 6 sentenced him two consecutive sentences of 10 to life for the second-degree murder 7 and 2 to 5 years for all of the other counts, some of which were consecutive and 8 some of which were concurrent. Villalobos is currently incarcerated at Southern 9 Desert Correctional Center. 10 2. On March 31, 2016, this Court appointed the Federal Public Defender 11 as counsel for Villalobos. ECF No. 16. Undersigned counsel filed a notice of 12 representation on April 14, 2016. ECF No. 17. On May 31, 2016, Villalobos sought 13 and was granted a previous extension of time. ECF Nos. 18-19. Villalobos’ Amended 14 Petition is currently due September 28, 2016. This is counsel’s second request for an 15 extension of time. 16 3. Counsel has been diligently working on Villalobos’s case. Counsel has 17 met with him in person with the assistance of a Spanish interpreter and counsel 18 has reviewed the available file. 19 4. While working on the case, members of counsel’s team realized that we 20 did not have all of the transcripts and many had yet to be ordered. We ordered the 21 missing transcripts, which totaled 27 transcripts. The transcripts that the FPD 22 ordered were not previously created or provided to this Court as exhibits by the 23 Respondent. Most transcripts are provided within 30 days; however, given the large 24 number of transcripts we requested, counsel anticipates it may be closer to 60 days. 25 For this reason, Villalobos requests a 90-day extension. 26 2 1 5. Counsel hopes that this extension will be enough time for the 2 production of the transcripts as well as for counsel to draft and file the amended 3 petition. This request is made in good faith and not solely for the purpose of delay. 4 Rather, the requested 90 days is necessary for counsel to obtain the missing 5 portions of the record and to complete the amended petition. 6 6. On September 27, 2016, counsel e-mailed Deputy Attorney General 7 Matthew Johnson about this request. Atty. Johnson does not oppose to the request 8 for an extension of time. However, Atty. Johnson expressed that the lack of 9 objection should not be construed as a waiver of any procedural defenses, as a 10 concession that any amended petition will be considered timely filed, or as a basis 11 for equitable tolling. 12 7. For the reasons above, as well as the record in this case, Villalobos 13 respectfully asks this Court to grant the request for an extension of time to file the 14 amended petition and order the amended petition to be filed on or before December 15 27, 2016. 16 Dated this 28th day of September, 2016. 17 Respectfully submitted, 18 19 RENE L. VALLADARES Federal Public Defender 20 /s/ Amelia L. Bizzaro AMELIA L. BIZZARO Assistant Federal Public Defender 21 22 23 24 25 26 IT IS SO ORDERED. __________________________ UNITED STATES DISTRICT COURT JUDGE RICHARD F. BOULWARE, II United States District Judge 10/10/16. DATED: 3 1 CERTIFICATE OF SERVICE 2 In accordance with the Rules of Civil Procedure, the undersigned hereby 3 certifies that on this 28th day of September, 2016, a true and correct copy of the 4 foregoing was filed electronically with the United States District Court. Electronic 5 service of the foregoing document shall be made in accordance with the master 6 service list as follows: 7 MATTHEW S. JOHNSON Deputy Attorney General Nevada Bar No. 12412 California Bar No. 290630 100 North Carson Street Carson City, Nevada 89701-4717 8 9 10 /s/ Adam Dunn 11 An Employee of the Federal Public Defender, District of Nevada 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4

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