Arthur v. Neven et al

Filing 43

ORDER Granting 42 Motion to Extend Time re 28 First AMENDED PETITION for Writ of Habeas Corpus. Respondents answer due 11/20/2017. Signed by Judge Richard F. Boulware, II on 8/28/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 6 ADAM PAUL LAXALT Attorney General Michael J. Bongard (Bar No. 007997) Deputy Attorney General State of Nevada Office of the Attorney General 1539 Avenue F, Suite 2 Ely, Nevada 89301 Telephone: (775) 289-1632 Fax: 775-289-1653 mbongard@ag.nv.gov 7 Attorney for Respondent Dwight Neven 2 3 4 5 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF NEVADA 10 GEORGE CHESTER ARTHUR, 11 12 13 14 Petitioner, Case No. 2:14-cv-2083-RFB-CWH MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED PETITION FOR WRIT OF HABEAS CORPUS vs. DWIGHT NEVEN., et al. Respondents. (First Request) 15 16 Respondents, through legal counsel, Adam Paul Laxalt, Attorney General of The State of 17 Nevada, and Michael J. Bongard, Deputy Attorney General, hereby move this court for an additional 18 forty-five (45) day enlargement of time, up to and including November 20, 2017, in which to respond 19 to Petitioner’s Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §2254 by a Person 20 in State Custody.” (ECF No. 28). The response is currently due October 6, 2017. 21 This motion is based and premised on the accompanying Declaration of Counsel. 22 This is Respondent’s first request for an extension of time in which to file a response and is 23 24 25 26 27 28 30 made in good faith and not for purposes of delay. DATED this 25th day of August, 2017. ADAM PAUL LAXALT Attorney General By: /s/ Michael J. Bongard________________ Michael J. Bongard (Bar No. 007997) Deputy Attorney General Page 1 of 3 1 2 DECLARATION OF MICHAEL J. BONGARD 1. I am a Deputy Attorney General employed by the Attorney General’s Office of the State 3 of Nevada in the Criminal Justice Division, and I make this declaration on behalf of Respondent’s 4 Motion for Enlargement of Time (First Request) in the above-captioned case. By this motion, I am 5 requesting an additional forty-five (45) day enlargement of time, up to and including, November 20, 6 2017, to file and serve Respondent’s response to Petitioner’s Amended Petition (ECF No. 28). 7 2. Counsel for Respondents requests the additional time to respond to the petition as 8 Counsel is finishing the answering brief in Rose v. LeGrand, Ninth Circuit Case No. 17-15009, and has 9 an answering brief due in State v. Ellingson, Nevada Supreme Court Case No. 72120 on September 12, 10 2017. Counsel also is beginning trial preparation in State v. Peek, Third Judicial District Court Case 11 No. 15-CR-710, in Yerington, Nevada, scheduled from September 25, 2017, through October 6, 2017. 12 Counsel also has responses due in other state and federal habeas corpus cases, as well as court hearings 13 in the Seventh Judicial District Court in Ely, Nevada. 14 15 16 3. Counsel also is working with office administration to hire a secretary for the Nevada Attorney General’s Ely Office. Counsel’s secretary retired on July 14, 2017. 4. Counsel also anticipates filing a reply to an opposition to motion to dismiss in Lisle v. 17 Filson, 2:03-cv-01006-MMD-CWH in September, 2017. The Court in that case has directed no 18 enlargements of time will be granted absent extraordinary circumstances. 19 5. On August 24, 2017, counsel contacted Amelia L. Bizzaro from the Federal Public 20 Defender’s Office regarding this request for enlargement of time to respond. Ms. Bizzaro had no 21 objections. 22 6. For the reasons above, as well as the record in this case, counsel respectfully asks this 23 Court to grant the request for an extension of time of an additional forty-five (45) days to file the 24 response to Petitioner’s Amended Petition. 25 26 DATED this 25th day of August, 2017. IT IS SO ORDERED: 27 28 30 By: /s/ Michael J. Bongard________________ Michael J. Bongard (Bar No. 007997) Deputy Attorney General __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 28th day of August, 2017. Page 2 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that I electronically filed the foregoing Motion for Enlargement of Time to 3 File Response to Amended Successor Petition for Writ of Habeas Corpus with the Clerk of the Court 4 by using the CM/ECF system on the 25th day of August, 2017. 5 6 7 8 9 10 11 The following participants in this case are registered electronic filing systems users and will be served electronically: Amelia L. Bizzaro Assistant Federal Pubic Defender 411 E. Bonneville Ave., Suite 250 Las Vegas, NV 89101 /s/ K. Plett An employee of the Office of the Attorney General 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Page 3 of 3

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