Edmisten v. Neven et al

Filing 75

ORDER granting 74 Motion to Extend Time; Re: 73 Answer to Amended Habeas Petition, 41 Amended Petition for Writ of Habeas Corpus. Replies due by 6/26/2020. Signed by Judge Richard F. Boulware, II on 4/28/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-00952-RFB-NJK Document 75 Filed 04/28/20 Page 1 of 5

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Martin L. Novillo
Assistant Federal Public Defender
Virginia State Bar No. 76997
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Justin James Edmisten

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Justin James Edmisten,

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Petitioner,

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v.
Dwight Neven, et al.,
Respondents.

Case No. 2:15-cv-00952-RFB-NJK
Unopposed Motion for an
Extension of Time in which to file
a Reply
(First request)

Case 2:15-cv-00952-RFB-NJK Document 75 Filed 04/28/20 Page 2 of 5

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Petitioner Justin James Edmisten (“Mr. Edmisten”) moves for an extension of

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time of 60 days, up to and including Friday, June 26, 2020, to file his Reply to

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Respondents’ Answer to Mr. Edmisten’s First Amended Petition for a Writ of Habeas

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Corpus. Respondents do not oppose this request.

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1.

On March 21, 2017, this Court appointed the Federal Public Defender,

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District of Nevada to Mr. Edmisten’s case. ECF No. 17. On September 4, 2018, Mr.

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Edmisten, through counsel, filed his First Amended Petition. ECF No. 41.

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Respondents filed their Answer on March 12, 2019, rendering Mr. Edmisten’s Reply

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due on April 27, 2020. ECF No. 73. Mr. Edmisten, for those reasons detailed below,

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seeks a sixty (60) day extension on his deadline.
2.

An extension of time to file is merited on account of various filing

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deadlines undersigned counsel recently had to meet in non-capital and capital habeas

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matters. In addition, an extension of time is necessary in light of the difficulties posed

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by the COVID-19 pandemic.

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3.

The World Health Organization declared a global pandemic on March

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11, 2020. WHO Director-General’s Opening Remarks at The Media Briefing On

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COVID-19, World Health Organization,https://www.who.int/dg/speeches/detail/who-

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director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-

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2020. The outbreak relates to COVID-19, the novel coronavirus. COVID-19 is a highly

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contagious respiratory illness that causes fever, cough, and shortness of breath. See

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Coronavirus Disease 2019 (COVID-19), Centers for Disease Control and Prevention,

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https://www.cdc.gov/coronavirus/2019-ncov/index.html. The virus also leads to

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serious complications, including death, in a significant portion of the population—

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particularly in people over the age of 60 or with other underlying health conditions.

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Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19),

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Centers for Disease Control and Prevention, https://www.cdc.gov/mmwr/volumes/69/

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wr/mm6912e2.htm.
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Case 2:15-cv-00952-RFB-NJK Document 75 Filed 04/28/20 Page 3 of 5

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4.

According to Johns Hopkins University, as of April 27, 2020, there were

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3,017,806 confirmed cases in the world, with 209,660 deaths. Johns Hopkins

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University, Coronavirus Resource Center, https://coronavirus.jhu.edu/ (last visited

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April 27, 2020 at 12:39 PM). As of April 26, 2020, there were 957,875 cases in the

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United States, with 53,922 deaths. Cases in U.S., Centers for Disease Control and

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Prevention,

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us.html (last visited April 27, 2020 at 12:39 PM).

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5.

https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-

The Governor of Nevada, Steve Sisolak, declared a state of emergency

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on March 12, 2020. Declaration of Emergency for COVID-19, Nevada Governor Steve

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Sisolak (Mar. 12, 2020), http://gov.nv.gov/News/Emergency_Orders/2020/2020-03-

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12_-_COVID-19_Declaration_of_Emergency/. On March 15, 2020, Governor Sisolak

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directed all public grade schools to close. COVID-19 Declaration of Emergency

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Directive, Nevada Governor Steve Sisolak (Mar. 15, 2020), http://gov.nv.gov/News/

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Emergency_Orders/2020/2020-03-15_-_COVID-19_Declaration_of_Emergency_

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Directive_001/. On March 20, 2020, Governor Sisolak issued an emergency directive

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ordering all nonessential businesses to close. Full transcript of Gov. Sisolak’s

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emergency directive address, Las Vegas Sun (March 20, 2020, 6:30 PM),

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https://lasvegassun.com/news/2020/mar/20/full-transcript-gov-sisolaks-emergency-

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directive/. On March 24, 2020, Governor Sisolak issued yet another emergency

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directive stating, “Nevadans who are not living within the same household, working

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at or patronizing an essential business or providing essential services may not gather

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in groups of ten or more in any indoor or outdoor public area.” Governor Sisolak signs

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directive related to public gatherings to mitigate spread of COVID-19, Nevada Health

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Response (Mar. 24, 2020), https://nvhealthresponse.nv.gov/wp-content/uploads/2020/

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03/03.24-PUBLIC-GATHERING-DIRECTIVE_.pdf.

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Case 2:15-cv-00952-RFB-NJK Document 75 Filed 04/28/20 Page 4 of 5

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6.

The FPD implemented voluntary telework for all employees on March

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16, 2020 and made the same mandatory on March 23, 2020. The telework measures

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adopted require undersigned counsel to work remotely, through use of a personal

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computer. As a result of these understandable policies, work on Mr. Edmisten’s case

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has been affected by technological difficulties and lack of access to case records, as

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well as office supplies and amenities. In addition to technical difficulties, school

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closures have forced counsel to care for his 16-month old child during regular working

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hours; unsurprisingly, the amount of work counsel is able to perform on any given

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day has been negatively affected by this development.

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7.

In the midst of the above-referenced difficulties, undersigned counsel

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had to meet filing deadlines in capital and non-capital habeas matters, which further

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prevented him from finalizing the Reply due in this case. Specifically, on April 13,

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2020, undersigned counsel filed a 101-page Reply in the matter of Brown v. Williams

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et al., 11-cv-01058-JCM. In addition, undersigned counsel was compelled to file a

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motion for equitable tolling in the out-of-state capital habeas matter of Maury v.

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Martel, 12-cv-01043-WBS. In addition to meeting the above-referenced filing

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deadlines, undersigned counsel had to move forward with investigations and research

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in various other cases.

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8.

The requested extension will permit counsel time to thoroughly and

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adequately respond to the arguments raised by the Respondents in their Answer.

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This is Edmisten’s first request for an extension and is not made for the purposes of

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delay, but rather in the interests of justice.

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9.

Finally, the present request for an extension is unopposed. On April 27,

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2020, counsel for Petitioner contacted Deputy Attorney Jessica Perlick via email

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concerning this request for an extension of time. Ms. Perlick has no objection to the

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request.

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Case 2:15-cv-00952-RFB-NJK Document 75 Filed 04/28/20 Page 5 of 5

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WHEREFORE, counsel respectfully requests that this Court grant the request

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for an extension of time to file a Reply to Respondents’ Answer to Friday June 26,

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2020.

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Dated April 27, 2020

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Martin L. Novillo
Martin L. Novillo
Assistant Federal Public Defender

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
______________________________
UNITED STATES DISTRICT JUDGE
United States District Judge
DATED this April 28th day of, 2020.
Dated: ________________________

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