Smith v. Baker et al

Filing 17

ORDER Granting Petitioner's 16 Motion to Extend Time to File a First Amended Petition for Writ of Habeas Corpus. Amended Petition due by 2/26/2016. IT IS FURTHER ORDERED that the schedule for further proceedings set forth in the 13 Order entered 07/01/2015 shall remain in effect. Signed by Judge Kent J. Dawson on 01/04/2016. (Copies have been distributed pursuant to the NEF - NEV)

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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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RENEE BAKER, et al.,

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2:15-cv-00487-KJD-VCF
ORDER

Respondents.
______________________________/

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In this habeas corpus action, the petitioner, Montrail D. Smith, was due to file a first

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amended habeas petition on December 28, 2015. See Order entered September 30, 2015 (ECF

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No. 15).

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On December 28, Smith filed a motion for extension of time (ECF No. 16), requesting a

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60-day extension of time -- to February 26, 2016 -- to file his first amended petition. This would be

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the second extension of time for Smith to file his first amended petition; he was previously granted a

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90-day extension. Smith’s counsel states that this second extension of time is necessary because of

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the complexity of the case and because of his obligations in other cases. Respondents apparently do

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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 February 26, 2016, 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
February 26, 2016, 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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January, 2016
Dated this _____ day of _____________________________.
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UNITED STATES DISTRICT JUDGE
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