Walker v. Renee Baker, et al

Filing 108

ORDER Granting 107 Motion to Extend Time to answer 104 Second Amended Petition. William Gittere answer due 5/2/2022. Adam Paul Laxalt answer due 5/2/2022. Signed by Judge Richard F. Boulware, II on 1/31/2022. (Copies have been distributed pursuant to the NEF - KF)

Case 2:15-cv-01240-RFB-EJY Document 108 Filed 01/31/22 Page 1 of 4

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AARON D. FORD
Attorney General
CHARLES L. FINLAYSON (Bar No. 13685)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES RAY WALKER,

Case No. 2:15-cv-01240-RFB-GWF
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME (FIRST
REQUEST)

Petitioner,

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vs.

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WILLIAM GITTERE, et al.,

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Respondents.

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Respondents, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada,

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hereby respectfully move this Court for an order granting a ninety (90) day enlargement of time, to and

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including May 2, 2022, in which to file and serve their response.

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This motion is based upon the provisions of Rule 6(b) of the Federal Rules of Civil Procedure

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and the attached Declaration of Counsel, as well as all other papers, documents, records, pleadings and

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other materials on file herein.

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There has been no prior enlargement of Respondents’ time to file said response, and this motion
is made in good faith and not for the purposes of delay.
RESPECTFULLY SUBMITTED this 31st day of January, 2022.
AARON D. FORD
Attorney General
By:

/s/ Charles L. Finlayson
CHARLES L. FINLAYSON (Bar No. 13685)
Senior Deputy Attorney General

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Case 2:15-cv-01240-RFB-EJY Document 108 Filed 01/31/22 Page 2 of 4

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AARON D. FORD
Attorney General
CHARLES L. FINLAYSON (Bar No. 13685)
Senior Deputy Attorney General
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES RAY WALKER,

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Case No. 2:15-cv-01240-RFB-GWF
DECLARATION OF COUNSEL

Petitioner,

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vs.

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WILLIAM GITTERE, et al.,

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Respondents.
I, Charles L. Finlayson, hereby state, based on personal knowledge and/or information and belief,
that the assertions of this declaration are true:
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I am a Senior Deputy Attorney General of the Post-Conviction Division of the Nevada

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Attorney General’s Office, and I make this declaration on behalf of Respondents’ motion for enlargement

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of time.

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2.

My answer in this matter is presently due February 1, 2022. By this motion, I am

requesting a 90-day day extension of time to file my response, up to and including May 2, 2022.
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I require additional time to respond. I recently filed responses in McClain v. Williams,

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2:17-cv-00753-RFB-NJK; and Orduna v. Garrett, 20-cv-00641-MMD-CLB. I have also been working

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diligently to complete responses in earlier filed capital cases, including Leonard v. Gittere, 2:99-cv-

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00360-MMD-DJ; and Sonner v. Gittere, 2:00-cv-01101-KJD-DJA. The petitioner in Leonard filed a

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nearly 400-page reply in support of his petition, along with additional requests for an evidentiary hearing

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and discovery, and the petitioner in Sonner filed a lengthy memorandum regarding procedural default.

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My responses in those matters are presently due in February. Although I anticipate having to request

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Case 2:15-cv-01240-RFB-EJY Document 108 Filed 01/31/22 Page 3 of 4

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extensions in those matters as well, I intend to prioritize them given the age of those cases. I also have

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an answer following an order on a motion to dismiss in Mulder v. Gittere, 3:09-cv-00610-JAD-CSD, due

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in April.

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4.

On top of my work on other cases, I spent a significant portion of my schedule in the

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previous weeks, including weekends and holidays, preparing for oral argument in the Ninth Circuit on a

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capital case. On January 25, the Ninth Circuit rescheduled that argument for March 17, 2022.

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5.

My role as a Senior Deputy Attorney General also requires that I take time from my own

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cases to assign cases, review and edit filings, conduct trainings, and coordinate responses with other

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departments. These responsibilities, which I cannot delegate, take up a significant portion of my time.

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6.

For the foregoing reasons, I respectfully request that this Court grant this request to extend

the time for responding in this matter to May 2, 2022.
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I contacted counsel for the petitioner and they indicated that they had no objection to my

request.
Pursuant to 28 U.S.C. § 1746, Declarant herein certifies, under penalty of perjury, that the
foregoing is true and correct.

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By:

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/s/ Charles L. Finlayson
CHARLES L. FINLAYSON (Bar No. 13685)
Senior Deputy Attorney General

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ORDER

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IT IS SO ORDERED.

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Dated this ____ day of ___________________________, 2022.
31st
January

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DISTRICT COURT JUDGE

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Case 2:15-cv-01240-RFB-EJY Document 108 Filed 01/31/22 Page 4 of 4

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CERTIFICATE OF SERVICE

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I certify that I am an employee of the Office of the Attorney General and that on this 31st day of

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January, 2022, I served a copy of the foregoing UNOPPOSED MOTION FOR ENLARGEMENT OF

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TIME (FIRST REQUEST), by U.S. District Court CM/ECF electronic filing to:

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David Anthony
Martin Novillo
T. Kenneth Lee
Assistant Federal Public Defenders
411 East Bonneville Ave., Suite 250
Las Vegas, NV 89101

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/s/ Amanda White

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