Smith v. Baker et al

Filing 20

ORDER Granting Petitioner's 18 Motion for Extension of Time. Amended Petition due by 3/28/2016. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the 13 Order entered July 1, 2015 shall remain in effect. Signed by Judge Kent J. Dawson on 03/01/2016. (Copies have been distributed pursuant to the NEF - NEV)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8

MONTRAIL D. SMITH,

9

Petitioner,

10

vs.

11

RENEE BAKER, et al.,

12
13

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

Respondents.
____________________________/

14
15

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

16

amended habeas petition on February 26, 2015. See Order entered September 30, 2015 (ECF

17

No. 15).

18

On February 26, 2016, Smith filed a motion for extension of time (ECF No. 18), requesting a

19

31-day extension of time -- to March 28, 2016 -- to file his first amended petition. This would be the

20

third extension of time for Smith to file his first amended petition; he was previously granted a 90-

21

day extension and then a 60-day extension. Smith’s counsel states that a third extension of time is

22

necessary because of the complexity of the case and because of his other obligations. Respondents

23

do not oppose the extension of time.

24

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

25

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

26

1

grant the motion for extension of time, and extend to March 28, 2016, the time for Smith to file a

2

first amended petition. The court will not look favorably upon any motion to further extend this

3

deadline.

4

IT IS THEREFORE ORDERED that petitioner’s motion for extension of time (ECF No.

5

18) is GRANTED. Petitioner shall have until and including March 28, 2016, to file a first amended

6

petition for writ of habeas corpus.

7
8

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.

9
10

Dated this _____ day of _____________________________.
_____
1
March

11
12
UNITED STATES DISTRICT J
JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2