Edmisten v. Neven et al

Filing 81

ORDER granting 80 Motion to Extend Time; Re: 73 Answer to Amended Habeas Petition. Replies due by 10/16/2020. Signed by Judge Richard F. Boulware, II on 10/12/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-00952-RFB-NJK Document 81 Filed 10/12/20 Page 1 of 4

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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
(Fourth request)

Case 2:15-cv-00952-RFB-NJK Document 81 Filed 10/12/20 Page 2 of 4

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

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time of seven (7) days, up to and including Friday October 16, 2020, to file his Reply

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

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Habeas Corpus. This is Mr. Edmisten’s fourth and, counsel anticipates, last request.

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Respondents do not oppose the same.

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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. Since, Mr. Edmisten has sought and obtained

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three extensions of time. ECF Nos. 74, 76, 78. For those reasons detailed below, seeks

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an additional and final seven (7) day extension on his deadline.

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2.

An extension of time to file Mr. Edmisten’s Reply to Respondents’

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Answer is merited on account of various deadlines undersigned counsel recently had

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to meet in non-capital and capital habeas cases. An extension of time is further

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merited in light of difficulties posed and efforts undertaken as a result of the COVID-

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19 pandemic.

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3.

Undersigned counsel has had to meet several deadlines in capital and

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non-capital habeas matters since submitting his last request for an extension of time.

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More specifically, since the request, undersigned counsel had to expend substantial

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time drafting an amended petition in the out-of-state capital habeas matter of Maury

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v. Martel, 12-cv-01043-WBS, in order to meet an upcoming filing deadline. In

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addition, undersigned counsel had to expend significant time and effort drafting

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claims and conducting research in the capital habeas matter of Biela v. Gittere, et. al,

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20-cv-00026-GMN, in order to meet a November 2020 filing deadline to file an

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amended petition. Counsel likewise had to expend significant time researching and

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drafting pre-trial motions for United States v. Schlesinger, 18-cr-02719-RCC, an out-of2

Case 2:15-cv-00952-RFB-NJK Document 81 Filed 10/12/20 Page 3 of 4

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state capital trial matter. Finally, counsel unexpectedly fell ill for several days the week

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of October 5, which slowed down progress in Mr. Edmisten’s Reply.

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4.

Counsel had to perform the above-referenced tasks in the midst of the

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COVID-19 pandemic. Since obtaining the most recent 45-day extension, the pandemic

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has continued to pose serious difficulties. Throughout that time period, undersigned

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counsel has continued to telework with use of a personal computer. As a result of the

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FPD’s policies, work on Mr. Edmisten’s case has been affected by technological

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difficulties and lack of access to case records, as well as office supplies and amenities.

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Although counsel has been able to complete a significant amount of Mr. Edmisten’s

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Reply, a brief 7-day extension is necessary to complete the pleading. The requested,

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brief extension will permit counsel time to thoroughly and adequately respond to the

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arguments raised by the Respondents in their Answer.

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5.

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

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9, 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 81 Filed 10/12/20 Page 4 of 4

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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 October 16,

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2020.

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Dated October 9, 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: ________________________
DATED this 12th day of October, 2020

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