Edmisten v. Neven et al

Filing 35

ORDER granting 34 Motion to Extend Time; Amended Petition due by 7/13/2018. Signed by Judge Richard F. Boulware, II on 6/4/2018. (Copies have been distributed pursuant to the NEF - JM)

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RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
MEGAN C. HOFFMAN
Assistant Federal Public Defender
Nevada State Bar No. 9835
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]

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Attorney for Petitioner Justin Edmisten

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUSTIN JAMES EDMISTEN,
Petitioner,

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v.

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DWIGHT NEVEN, ET AL.,

Case No. 2:15-cv-00952-RFB-NJK
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE A
FIRST AMENDED PETITION
(FIRST REQUEST)

Respondents.

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Petitioner Justin James Edmisten moves this Court for an Order extending

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the time by forty-five (45) days, from May 29, 2018 to and including, July 13, 2017,

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in which to file his counseled amended petition. This motion is based on the attached

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points and authorities and the record in this case.

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POINTS AND AUTHORITIES
1.

Petitioner mailed his pro se petition for a writ of habeas corpus on May

15, 2015. ECF No. 4.
2.

On March 21, 2017, this Court reconsidered its previous order denying

counsel and appointed the Federal Public Defender, District of Nevada. ECF No. 17.
3.

On July 25, 2017, counsel filed a Motion to Partially Vacate the March

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21, 2017, Order. ECF No. 26. Respondents opposed and Edmisten replied. ECF Nos.

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28, 31. On March 29, 2018, this Court entered an Order granting Petitioner’s Motion

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to Vacate the March 21, 2017 order and ordered counsel to file an Amended Petition

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within sixty (60) days. ECF No. 33. The Amended Petition is currently due May 29,

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2018. This is a first request for an extension of time.

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4.

Counsel requires additional time to complete the amended petition in

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this matter. In the last month, counsel drafted a protective petition in Xia v. Baca,

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3:16-cv-00651-HDM-VPC. She is also working on an opening brief in the Ninth

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Circuit in Taylor v. Myles, 3:13-cv-00035-MMD-VPC, which has a “no further

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extensions” order. Counsel has traveled to Arizona and Northern Nevada to visit

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clients, and she attended the United States District Court Conference. She is also

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taking long-planned leave May 24-27, 2018. Finally, counsel has had a heavy

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administrative workload, as she trains new attorneys and staff, and plans and

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schedules CLEs pursuant to the district court’s order on CJA.

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5.

Counsel emailed counsel for Respondents, Victor-Hugo Schulze III, who

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advised he is not opposed to this request. Petitioner understands that opposing

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counsel’s non-opposition does not waive any claims, defenses, statute of limitations,

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or other substantive arguments the Respondents may choose to raise at a later date.

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6.

This motion is made in good faith and not for the purpose of delay.

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Petitioner therefore respectfully requests that this Court grant his motion to file an

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amended petition on or before July 13, 2018.

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Dated this 29th day of May, 2018.

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Respectfully submitted,

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RENE L. VALLADARES
Federal Public Defender

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/s/ Megan C. Hoffman

MEGAN C. HOFFMAN
Assistant Federal Public Defender

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IT IS SO ORDERED:

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______________________________
RICHARD F. BOULWARE, United
States District Judge

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June 4, 2018.
Dated: ________________________

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CERTIFICATE OF SERVICE

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I hereby certify that on May 29, 2018, I electronically filed the foregoing with

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the Clerk of the Court for the United States District Court, District of Nevada by

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using the CM/ECF system.

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Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Dennis Wilson.

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I further certify that some of the participants in the case are not registered

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CM/ECF users. I have mailed the foregoing by First-Class Mail, postage pre-paid, or

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have dispatched it to a third party commercial carrier for delivery within three

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calendar days, to the following non-CM/ECF participants:
Justin Edmisten
Inmate ID 02682479
Clark County Detention Center
330 South Casino Center Boulevard
Las Vegas, NV 89101

/s/ Adam Dunn

An Employee of the
Federal Public Defender

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