Smith v. Baker et al

Filing 23

ERROR: Duplicate entry made by Clerk's Office. Document terminated. (EDS) ORDER. IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time 21 is GRANTED. Petitioner shall have until and including 4/11/16, 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 7/1/15 13 shall remain in effect. Signed by Judge Kent J. Dawson on 3/29/16. (Copies have been distributed pursuant to the NEF - PS)

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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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In this habeas corpus action, the petitioner, Montrail D. Smith, was due to file a first
amended habeas petition on March 28, 2016. See Order entered March 16, 2016 (ECF No. 20).
On March 28, 2016, Smith filed a motion for extension of time (ECF No. 21), requesting a

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14-day extension of time -- to April 11, 2016 -- to file his first amended petition. This would be the

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

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90-day extension, then a 60-day extension, and then a 31-day extension. Smith’s counsel states that

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a fourth extension of time is necessary because she has only recently taken over responsibility for

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this case.

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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 April 11, 2016, the time for Smith to file a first

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

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IT IS THEREFORE ORDERED that petitioner’s motion for extension of time (ECF

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No. 21) is GRANTED. Petitioner shall have until and including April 11, 2016, to file a first

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amended petition for writ of habeas corpus.

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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 _____________________________.
March

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UNITED STATES DISTRICT JUDGE
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