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)

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Case 2:15-cv-00952-RFB-NJK Document 81 Filed 10/12/20 Page 1 of 4 1 2 3 4 5 6 7 8 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 (702) 388-6577 Martin_novillo@fd.org *Attorney for Petitioner Justin James Edmisten 9 10 U NITED S TATES D ISTRICT C OURT D ISTRICT OF N EVADA 11 12 Justin James Edmisten, 13 Petitioner, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 1 Petitioner Justin James Edmisten (“Mr. Edmisten”) moves for an extension of 2 time of seven (7) days, up to and including Friday October 16, 2020, to file his Reply 3 to Respondents’ Answer to Mr. Edmisten’s First Amended Petition for a Writ of 4 Habeas Corpus. This is Mr. Edmisten’s fourth and, counsel anticipates, last request. 5 Respondents do not oppose the same. 6 1. On March 21, 2017, this Court appointed the Federal Public Defender, 7 District of Nevada to Mr. Edmisten’s case. ECF No. 17. On September 4, 2018, Mr. 8 Edmisten, through counsel, filed his First Amended Petition. ECF No. 41. 9 Respondents filed their Answer on March 12, 2019, rendering Mr. Edmisten’s Reply 10 due on April 27, 2020. ECF No. 73. Since, Mr. Edmisten has sought and obtained 11 three extensions of time. ECF Nos. 74, 76, 78. For those reasons detailed below, seeks 12 an additional and final seven (7) day extension on his deadline. 13 2. An extension of time to file Mr. Edmisten’s Reply to Respondents’ 14 Answer is merited on account of various deadlines undersigned counsel recently had 15 to meet in non-capital and capital habeas cases. An extension of time is further 16 merited in light of difficulties posed and efforts undertaken as a result of the COVID- 17 19 pandemic. 18 3. Undersigned counsel has had to meet several deadlines in capital and 19 non-capital habeas matters since submitting his last request for an extension of time. 20 More specifically, since the request, undersigned counsel had to expend substantial 21 time drafting an amended petition in the out-of-state capital habeas matter of Maury 22 v. Martel, 12-cv-01043-WBS, in order to meet an upcoming filing deadline. In 23 addition, undersigned counsel had to expend significant time and effort drafting 24 claims and conducting research in the capital habeas matter of Biela v. Gittere, et. al, 25 20-cv-00026-GMN, in order to meet a November 2020 filing deadline to file an 26 amended petition. Counsel likewise had to expend significant time researching and 27 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 1 state capital trial matter. Finally, counsel unexpectedly fell ill for several days the week 2 of October 5, which slowed down progress in Mr. Edmisten’s Reply. 3 4. Counsel had to perform the above-referenced tasks in the midst of the 4 COVID-19 pandemic. Since obtaining the most recent 45-day extension, the pandemic 5 has continued to pose serious difficulties. Throughout that time period, undersigned 6 counsel has continued to telework with use of a personal computer. As a result of the 7 FPD’s policies, work on Mr. Edmisten’s case has been affected by technological 8 difficulties and lack of access to case records, as well as office supplies and amenities. 9 Although counsel has been able to complete a significant amount of Mr. Edmisten’s 10 Reply, a brief 7-day extension is necessary to complete the pleading. The requested, 11 brief extension will permit counsel time to thoroughly and adequately respond to the 12 arguments raised by the Respondents in their Answer. 13 5. Finally, the present request for an extension is unopposed. On October 14 9, 2020, counsel for Petitioner contacted Deputy Attorney Jessica Perlick via email 15 concerning this request for an extension of time. Ms. Perlick has no objection to the 16 request. 17 18 19 20 21 22 23 24 25 26 27 3 Case 2:15-cv-00952-RFB-NJK Document 81 Filed 10/12/20 Page 4 of 4 1 WHEREFORE, counsel respectfully requests that this Court grant the request 2 for an extension of time to file a Reply to Respondents’ Answer to Friday October 16, 3 2020. 4 5 Dated October 9, 2020 6 Respectfully submitted, 7 Rene L. Valladares Federal Public Defender 8 9 /s/Martin L. Novillo Martin L. Novillo Assistant Federal Public Defender 10 11 12 13 14 IT IS SO ORDERED: 15 16 17 18 19 ________________________________ ______________________________ RICHARD F. BOULWARE, II United States District Judge UNITED STATES DISTRICT JUDGE Dated: ________________________ DATED this 12th day of October, 2020 20 21 22 23 24 25 26 27 4

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