Friedman v. Cox et al

Filing 37

ORDER. IT IS ORDERED that 34 petitioner's proper person emergency motion for an extension of time is GRANTED. Petitioner shall have until 1/3/2018 to file his response to the Court's Order To Show Cause. IT IS FURTHER ORDERED that 35 petitioner's First Motion to Extend Time is DENIED as moot. Signed by Judge Richard F. Boulware, II on 12/7/2017. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 KENNETH FRIEDMAN, Case No. 2:15-cv-00380-RFB-CWH 9 Petitioner, ORDER 10 vs. 11 12 JAMES COX, et al., 13 Respondents. 14 15 16 This represented habeas matter under 28 U.S.C. § 2254 comes before the Court on an emergency motion (ECF No. 34) for an extension filed by petitioner in proper person. 17 Petitioner seeks an extension of time to respond to the order directing that petitioner, 18 through counsel, show cause why the petition should not be dismissed as a successive 19 petition. Petitioner is represented by retained counsel. Petitioner maintains that he has been 20 unable to communicate with counsel telephonically due to sundry circumstances. In this one 21 instance the Court will permit petitioner to request additional time to respond rather than his 22 counsel given the explanation offered. In the future all motions MUST be made by 23 petitioner’s counsel. 24 IT THEREFORE IS ORDERED that petitioner’s proper person emergency motion (ECF 25 No. 34) for an extension of time is GRANTED. Petitioner shall have until January 3, 2018 26 to file his response to the Court’s Order To Show Cause. 27 28 IT IS FURTHER ORDERED that petitioner’s First Motion to Extend Time (ECF No. 35) is DENIED as moot. 1 The Clerk shall SEND an additional copy of this order to the petitioner at the address 2 reflected in ECF No. 34 along with a copy of counsel’s notice of appearance (ECF No. 31) 3 containing her contact information, and the Clerk shall note said additional transmittal to the 4 petitioner in proper person in a manner consistent with the Clerk’s current practice for such 5 matters. 6 DATED: December 6, 2017 7 8 9 10 _________________________________ RICHARD F. BOULWARE, II United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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