Walker v. Renee Baker, et al

Filing 119

ORDER Granting 118 Motion to Extend Time to Answer 104 Amended Petition. William Gittere answer due 2/8/2023; Adam Paul Laxalt answer due 2/8/2023. Signed by Judge Richard F. Boulware, II on 11/9/2022. (Copies have been distributed pursuant to the NEF - KF)

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AARON D. FORD
Attorney General
MATTHEW S. JOHNSON (Bar No. 12412)
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, NV 89701-4717
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys 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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Petitioner,

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vs.

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WILLIAM GITTERE, et al.,

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Case No. 2:15-cv-01240-RFB-GWF
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME (FIRST
REQUEST SINCE FILING OF STATEMENT
WITH RESPECT TO EXHAUSTION)

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 February 8, 2023, in which to file and serve their response to petition.

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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 since James Ray

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Walker filed his Statement With Respect to Exhaustion but this is the third request since the petition

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was filed, and this motion is made in good faith and not for the purposes of delay.

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RESPECTFULLY SUBMITTED this 9th day of November, 2022.

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AARON D. FORD
Attorney General
By: /s/ Matthew S. Johnson
MATTHEW S. JOHNSON (Bar. No. 12412)
Deputy Attorney General
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AARON D. FORD
Attorney General
MATTHEW S. JOHNSON (Bar No. 12412)
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, NV 89701-4717
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys 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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DECLARATION OF COUNSEL

Petitioner,

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vs.

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WILLIAM GITTERE, et al.,

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Respondents.

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Case No. 2:15-cv-01240-RFB-GWF

I, Matthew S. Johnson, hereby state, based on personal knowledge and/or information and
belief, that the assertions of this declaration are true:

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1.

I am a Deputy Attorney General of the Post-Conviction Division of the Nevada Attorney

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

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time.

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2.

My response in this matter is presently due on November 10, 2022. I respectfully request

a 90-day extension to complete my response.

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This case was reassigned to me along with dozens of other federal habeas petitions upon

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my employment with this office in August of 2022. Many of these cases had deadlines before the

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November 10, 2022 deadline for this case. Since this Court’s deadline, I have submitted filings in

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numerous cases and have been preparing for an oral argument in the Ninth Circuit to be held on

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November 17, 2022. I have also had to familiarize myself with the 331-page second amended petition

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and the accompanying exhibits in preparation for writing a response while complying with the

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deadlines in my other death and non-death penalty cases. Because of the lengthy record in this case and

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my other responsibilities I need additional time to complete a response to the petition.

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5.

The Post-Conviction Division of the Nevada Attorney General’s Office is presently

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staffed by 12 full-time post-conviction attorneys, two attorneys who primarily work for other divisions,

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and one legal researcher who is shared with other divisions. Among other duties, the attorneys in the

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Post-Conviction Division respond to all federal habeas cases (in the district court and appeal), all state

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habeas cases involving time-computation issues (in state district court and appeal), all extradition and

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rendition matters, all wrongful conviction compensation cases, and all appeals and post-conviction

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cases arising from Attorney General criminal prosecutions.

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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 February 8, 2022.

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7.

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Pursuant to 28 U.S.C. § 1746, Declarant herein certifies, under penalty of perjury, that the

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I contacted counsel for the petitioner and they have no objection to this request.

foregoing is true and correct.

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By: /s/ Matthew S. Johnson
MATTHEW S. JOHNSON (Bar. No. 12412)
Deputy Attorney General

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ORDER

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IT IS SO ORDERED.

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9th day of ___________________________,
November
Dated this ____
2022.

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________________________________
RICHARD
F. BOULWARE,
II
DISTRICT
COURT
JUDGE
UNITED STATES DISTRICT JUDGE
DATED this

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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 9th day of

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

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OF TIME (FIRST REQUEST SINCE FILING OF STATEMENT WITH RESPECT TO

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EXHAUSTION), 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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