Perez v. State of Nevada

Filing 86

ORDER granting 85 Motion to Extend Time; Re: 40 Motion to Substitute Party. Replies due by 2/26/2019. Signed by Judge Andrew P. Gordon on 2/20/2019. (Copies have been distributed pursuant to the NEF - JM)

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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
[phone]
[phone] (fax)
[e-mail]

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Attorneys for Petitioner Gladys Perez

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GLADYS PEREZ,
Petitioner,

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v.
STATE OF NEVADA,
Respondents.

Case No. 2:14-CV-02087-APG-PAL
Unopposed Motion for Extension of
Time to File Reply in Support of
Motion to Substitute Respondents
(First Request)
ORDER

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Points and Authorities

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Petitioner Gladys Perez respectfully asks this Court to enter an Order

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extending her deadline to file a Reply in support of her Rule 25 Motion to Substitute

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Respondents by seven days until February 26, 2019. The respondents do not oppose

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this request.

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Perez filed her counseled, amended petition on June 13, 2018,1 and the state

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moved to dismiss it on January 25, 2019.2 Perez filed a Rule 25 Motion to Substitute

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Respondents on January 28, 2019.3 The state opposed it on February 11, 2019,4

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making Perez’s Reply due February 19, 2019.5

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Undersigned counsel was out of the office on February 13 and 14 to argue

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Hanson v. Baker, in the Ninth Circuit. This Court previously granted Mr. Hanson’s

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petition based on a due process violation after finding he met the Schlup actual

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innocence standard. The Warden appealed. In light of Mr. Hanson’s innocence,

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counsel spent considerable time preparing for the argument. Counsel returned to

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the office February 15, but will be out of the office on February 18 and part of

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February 19, 2019.

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The additional period of time is necessary in order to effectively and

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thoroughly represent Perez. This motion is not filed for the purposes of delay but in

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the interests of justice, as well as in the interests of Perez.

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ECF No. 27.
2 ECF No. 34.
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ECF No. 40.
4 ECF No. 84.
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See LR 7-2(b) (providing seven days to file a reply after service of the

response).

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On February 15, 2019, counsel e-mailed Deputy Attorney General Ashely A.

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Balducci regarding her requested extension. She responded yesterday that she does

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not object to this request.

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Dated February 19, 2019.
Respectfully submitted,

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RENE L. VALLADARES
Federal Public Defender

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/s/Amelia L. Bizzaro

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AMELIA L. BIZZARO
Assistant Federal Public Defender

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IT IS SO ORDERED:

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______________________________
ANDREW P. GORDON, United States
District Judge
UNITED STATES DISTRICT JUDGE
Dated: February 20, 2019.
Dated: ________________________

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