Edmisten v. Neven et al

Filing 44

ORDER Granting 43 Motion to Extend Time Re: 41 Amended Petition for Writ of Habeas Corpus. Respondents answer due 12/18/2018. Signed by Judge Richard F. Boulware, II on 10/22/2018. (Copies have been distributed pursuant to the NEF - ADR)

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ADAM PAUL LAXALT
Attorney General
Jessica Perlick (Bar. No. 13218)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]

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Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUSTIN JAMES EDMISTEN,

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Petitioner,

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vs.

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DWIGHT NEVEN, et al.,

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Case No. 2:15-cv-00952-RFB-NJK
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
TO FILE RESPONSE TO FIRST AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS (ECF NO. 41)

Respondents.

(FIRST REQUEST)

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Respondents move this Court for an enlargement of time of 60 days from the current due date of

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October 19, 2018, up to and including December 18, 2018, in which to file their Response to the First

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Amended Petition for Writ of Habeas Corpus (ECF No. 41). This Motion is made pursuant to Fed. R.

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Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached declaration of

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counsel. This is the first enlargement of time sought by Respondents to file this Response, and the request

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is brought in good faith and not for the purpose of delay.

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DATED: October 19, 2018.

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Submitted by:

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ADAM PAUL LAXALT
Attorney General

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By: /s/ Jessica Perlick
Jessica Perlick (Bar. No. 13218)
Deputy Attorney General

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DECLARATION OF JESSICA PERLICK

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STATE OF NEVADA

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) ss:
COUNTY OF CLARK )

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I, JESSICA PERLICK, being first duly sworn under oath, depose and state as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada, and am

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employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I am assigned to

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represent Respondents in Justin James Edmisten v. Dwight Neven, et al., Case No. 2:15-cv-00952-RFB-

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NJK, and as such, have personal knowledge of the matters contained herein.

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2.

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

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3.

The Response to the First Amended Petition for Writ of Habeas Corpus (ECF No. 41) is

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currently due October 19, 2018.

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4.

I have been unable with due diligence to timely complete the Response herein.

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5.

I was recently ordered by the state court to prepare a response by October 23, 2018, to a

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state habeas petition in Watson v. Howell, C-17-322212-1. Further, due to unforeseen conflicts for the

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originally-assigned deputies, and another member of our unit being out of the office on maternity leave,

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I was transferred two federal cases with impending deadlines, Williams v. Gentry, 2:04-cv-01620, and

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Gonzales v. Baca, 2:16-cv-02015. I am also finalizing responses to motions in a death penalty case,

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Bollinger v. Gittere, 2:98-cv-01263, which was transferred to me upon the retirement of the previous

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deputy.
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Our unit is also responsible for responding to state petitions for writ of habeas corpus that

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challenge the calculation of time credits to inmates’ sentences. The judicial department which handles

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these petitions increased the number of petitions set for hearing, and thus orders to respond, from 10/week

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to between 30-35/week. This has significantly increased the amount of time I have to spend working on

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state court petitions. I am currently assisting in the training of a new deputy to respond to such petitions,

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and have been responsible for review and approval of drafts.
7.

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I communicated with counsel for the Petitioner regarding scheduling issues, and she does

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not oppose this request for an extension.

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///

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8.

Based on the foregoing, I respectfully request an enlargement of time of 60 days, up to

and including December 18, 2018, to file the Response to Edmisten’s First Amended Petition.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on this Friday, October 19, 2018.

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/s/ Jessica Perlick
Jessica Perlick (Bar No. 13218)
Deputy Attorney General

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APPROVED:
DATED this 22nd day of October, 2018.

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing Unopposed Motion for Enlargement of

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Time to File Response to First Amended Petition for Writ of Habeas Corpus (ECF No. 41) (First Request)

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with the Clerk of the Court by using the CM/ECF system on October 19, 2018.

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The following participants in this case are registered CM/ECF users and will be served by the
CM/ECF system:
Megan C. Hoffman
Federal Public Defender
411 E. Bonneville Avenue, Suite 250
Las Vegas, Nevada 89101
[e-mail]

/s/ R. Carreau
An employee of the Office of the Attorney General

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