Edmisten v. Neven et al

Filing 47

ORDER granting 45 Motion to Extend/Shorten Time. Respondents' answer due 1/4/2019. Signed by Judge Richard F. Boulware, II on 12/20/2018. (Copies have been distributed pursuant to the NEF - JM)

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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.

(SECOND REQUEST)

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Respondents move this Court for an enlargement of time of 17 days from the current due date of

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December 18, 2018, up to and including January 4, 2019, 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 second enlargement of time sought by Respondents to file this Response, and the

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

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DATED: December 18, 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 December 18, 2018.
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I have been unable with due diligence to timely complete the response herein. A family

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emergency has taken me out of the office and away from my files. As such, I have been unable to finish

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the response, and request a short enlargement of time in which to do so.

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5.

I have spoken to Petitioner’s counsel, and she does not oppose this request for enlargement

of time.
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Based on the foregoing, I respectfully request an enlargement of time of 17 days, up to

and including January 4, 2019, 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 Tuesday, December 18, 2018.

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

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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DATED this 20th day of December, 2018.

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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) (Second

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Request) with the Clerk of the Court by using the CM/ECF system on December 18, 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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