Smith v. Baker et al

Filing 15

ORDER Granting 14 Motion for Extension of Time. Petitioner shall have until and including December 28, 2015, to file a first amended petition for writ of habeas corpus. petitioner shall have until and including December 28, 2015, to file a first amended petition for writ of habeas corpus. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered July 1, 2015 (ECF No. 13 ) shall remain in effect. Signed by Judge Kent J. Dawson on 9/30/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MONTRAIL D. SMITH,

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Petitioner,

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vs.

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2:15-cv-00487-KJD-VCF

RENEE BAKER, et al.,

ORDER
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Respondents.
______________________________/

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This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, by

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Montrail D. Smith, a Nevada prisoner. The court appointed counsel for Smith, and his counsel

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appeared for him on June 25, 2015 (ECF No. 12). Respondents have also appeared in the case

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(ECF No. 11).

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The court entered a scheduling order on July 1, 2015 (ECF No. 13). In that order, the court
granted Smith ninety days -- until September 29, 2015 -- to file a first amended habeas petition.
On September 28, 2015, Smith filed a motion for extension of time (ECF No. 14), requesting

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a ninety-day extension of time to file the first amended petition. Counsel states that such a lengthy

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extension of time is necessary because of the complexity of this case and because of his obligations

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in other cases. Respondents apparently do not oppose the extension of time.

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The court finds that the motion for extension of time is made in good faith and not solely for

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the purpose of delay, and that there is good cause for the requested extension of time. The court will

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grant the motion for extension of time, and extend to December 28, 2015, the time for Smith to file a

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first amended petition.

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In light of the amount of time that Smith will have had to file an amended petition, the court
will not look favorably upon any motion to further extend this deadline.
IT IS THEREFORE ORDERED that, petitioner shall have until and including
December 28, 2015, to file a first amended petition for writ of habeas corpus.
IT IS FURTHER ORDERED that, in all other respects, the schedule for further
proceedings set forth in the order entered July 1, 2015 (ECF No. 13) shall remain in effect.

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Dated this _____ day of September, 2015.
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UNITED STATES DISTRICT JUDGE
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