Smith v. Baker et al

Filing 80

ORDER granting 79 Motion to Extend Time; Re: 72 Motion to Dismiss. Responses due by 3/27/2020. In all other respects, the schedule for further proceedings set forth in the order entered April 24, 2019 (ECF No. 68) will remain in effect. Signed by Judge Kent J. Dawson on 1/30/2020. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6
7
8
9
10
11

MONTRAIL D. SMITH,

Case No. 2:15-cv-00487-KJD-VCF

Petitioner,
ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 79)

v.
BRIAN E. WILLIAMS, SR., et al.,
Respondents.

12
13
14

In this habeas corpus action, after a 70-day extension of time, the petitioner,

15

Montrail D. Smith, represented by appointed counsel, was due to respond to

16

Respondents’ motion to dismiss (ECF No. 72, filed September 18, 2019) by

17

January 27, 2020. See Order entered April 24, 2019 (ECF No. 68) (60 days for

18

response); Order entered January 7, 2020 (ECF No. 78) (70-day extension of time).

19

On January 27, 2020, Smith filed a motion for extension of time (ECF No. 79),

20

requesting a second extension of time, of 60 days, to March 27, 2020. Smith’s counsel

21

states that this extension of time is necessary because she wishes to await the

22

completion of discovery in another case, which discovery may have an impact on her

23

response to the motion to dismiss in this case. Respondents do not oppose the motion

24

for extension of time.

25

The Court finds that Smith’s motion for extension of time is made in good faith

26

and not solely for the purpose of delay, and that there is good cause for the extension of

27

time requested.

28
1

IT IS THEREFORE ORDERED that Petitioner’s motion for extension of time

1
2

(ECF No. 79) is GRANTED. Petitioner will have until and including March 27, 2020, to

3

file his response to the motion to dismiss.
IT IS FURTHER ORDERED that, in all other respects, the schedule for further

4
5

proceedings set forth in the order entered April 24, 2019 (ECF No. 68) will remain in

6

effect.

7
8

January
30
DATED THIS ___ day of ______________________, 2020.

9
10
KENT J. DAWSON,
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2