Arthur v. Neven et al
Filing
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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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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
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Attorney for Respondent Dwight Neven
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF NEVADA
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GEORGE CHESTER ARTHUR,
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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)
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Respondents, through legal counsel, Adam Paul Laxalt, Attorney General of The State of
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Nevada, and Michael J. Bongard, Deputy Attorney General, hereby move this court for an additional
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forty-five (45) day enlargement of time, up to and including November 20, 2017, in which to respond
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to Petitioner’s Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §2254 by a Person
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in State Custody.” (ECF No. 28). The response is currently due October 6, 2017.
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This motion is based and premised on the accompanying Declaration of Counsel.
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This is Respondent’s first request for an extension of time in which to file a response and is
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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
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DECLARATION OF MICHAEL J. BONGARD
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I am a Deputy Attorney General employed by the Attorney General’s Office of the State
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of Nevada in the Criminal Justice Division, and I make this declaration on behalf of Respondent’s
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Motion for Enlargement of Time (First Request) in the above-captioned case. By this motion, I am
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requesting an additional forty-five (45) day enlargement of time, up to and including, November 20,
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2017, to file and serve Respondent’s response to Petitioner’s Amended Petition (ECF No. 28).
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2.
Counsel for Respondents requests the additional time to respond to the petition as
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Counsel is finishing the answering brief in Rose v. LeGrand, Ninth Circuit Case No. 17-15009, and has
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an answering brief due in State v. Ellingson, Nevada Supreme Court Case No. 72120 on September 12,
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2017. Counsel also is beginning trial preparation in State v. Peek, Third Judicial District Court Case
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No. 15-CR-710, in Yerington, Nevada, scheduled from September 25, 2017, through October 6, 2017.
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Counsel also has responses due in other state and federal habeas corpus cases, as well as court hearings
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in the Seventh Judicial District Court in Ely, Nevada.
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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.
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Counsel also anticipates filing a reply to an opposition to motion to dismiss in Lisle v.
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Filson, 2:03-cv-01006-MMD-CWH in September, 2017. The Court in that case has directed no
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enlargements of time will be granted absent extraordinary circumstances.
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5.
On August 24, 2017, counsel contacted Amelia L. Bizzaro from the Federal Public
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Defender’s Office regarding this request for enlargement of time to respond. Ms. Bizzaro had no
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objections.
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6.
For the reasons above, as well as the record in this case, counsel respectfully asks this
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Court to grant the request for an extension of time of an additional forty-five (45) days to file the
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response to Petitioner’s Amended Petition.
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DATED this 25th day of August, 2017.
IT IS SO ORDERED:
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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.
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CERTIFICATE OF SERVICE
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I hereby certify that I electronically filed the foregoing Motion for Enlargement of Time to
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File Response to Amended Successor Petition for Writ of Habeas Corpus with the Clerk of the Court
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by using the CM/ECF system on the 25th day of August, 2017.
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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
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