Gayler v. Neven et al

Filing 59

ORDER granting 57 Motion to Extend Time; Attorney General of the State of Nevada answer due 1/19/2018; Neven answer due 1/19/2018. Signed by Judge Andrew P. Gordon on 11/22/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-00972-APG-CWH Document 57 Filed 11/20/17 Page 1 of 4

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ADAM PAUL LAXALT
Attorney General
Natasha M. Gebrael (Bar. No. 14367)
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]
Attorneys for Respondents
UNITED STATES DISTR ICT COURT

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DISTRICT OF NEVADA

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BRANDYN WILLIAM GAYLER,
Case No. 2:15-cv-00972-APG-CWH
Petitioner,

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UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
TO FILE ANSWER TO PETITION FOR
WRIT OF HABEAS CORPUS (ECF NO. 1, 3,
4, AND 5)

vs.
WARDEN NEVEN, et al.,
Respondents.

(FIRST
ORDER REQUEST)

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Respondents move this Court for an enlargement of time of 60 days, up to and including January

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19, 2018, in which to file their Answer to Petitioner’s Amended Petition for Writ of Habeas Corpus (ECF

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No. 24). This Motion is made pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice

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and is based upon the attached affidavit of counsel.

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This is the first enlargement of time sought by Respondents and is brought in good faith and not
for the purpose of delay.
DATED November 20, 2017

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Submitted by:

IT IS SO ORDERED.

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_____________________________
UNITED STATES DISTRICT JUDGE
Dated: 11/22/217

ADAM PAUL LAXALT
Attorney General
By: /s/ Natasha M. Gebrael
NATASHA M. GEBRAEL (Bar. No. 14367)
Deputy Attorney General

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Case 2:15-cv-00972-APG-CWH Document 57 Filed 11/20/17 Page 2 of 4

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DECLARATION OF NATASHA M. GEBRAEL
STATE OF NEVADA

)
) ss:
COUNTY OF CLARK )

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I, NATASHA M. GEBRAEL, 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 have been

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assigned to represent Respondents in Brandyn William Gayler v. Warden Neven, et al., Case No. 2:15-

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cv-00972-APG-CWH, and as such, have personal knowledge of the matters contained herein.

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2.

The Response to Petitioner’s Amended Petition for Writ of Habeas Corpus is due to be

filed on November 20, 2017.

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3.

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

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4.

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

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Notice of Change of Attorney on November 16, 2017, which was my first appearance in the instant case.

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The attorney previously assigned to this matter, Matthew Johnson, is no longer with the Attorney

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General’s Office, necessitating a transfer of his active files, including this case. I am still in the process

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of reviewing the procedural history and relevant pleadings in the instant matter.

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5.

In addition to this case, I am responsible for approximately 40% of all state court habeas

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petitions that challenge time credits, with an average of 25-30 responses due per week. I am also

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responsible for certain non-time credit state petitions and direct appeals to the Nevada Supreme Court

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arising out of Attorney General prosecutions.

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6.

In addition to my overall workload, and the need to complete my review of this case file,

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the habeas unit at the Attorney General’s office will be short staffed until the end of November due to

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absences and vacation time and my workload is increasing to accommodate the absences.

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7.

Therefore, Respondents request an extension of time of 60 judicial days to file an Answer

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to the remaining claim in Petitioner’s Petition for Habeas Corpus, through January 19, 2018.

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/././

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/././

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/././

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Case 2:15-cv-00972-APG-CWH Document 57 Filed 11/20/17 Page 3 of 4

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

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Executed on November 20, 2017.

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/s/ Natasha M. Gebrael
NATASHA M. GEBRAEL (Bar No. 14367)

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