Posey v. Neven et al

Filing 28

ORDER granting 27 Motion to Extend Time; Re: 24 Motion to Dismiss. Responses due by 10/20/2018. Signed by Judge Richard F. Boulware, II on 8/21/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7
8

Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*C.B. Kirschner
Assistant Federal Public Defender
Pennsylvania State Bar No. 92998
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Anthony Meritt Posey

9

U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

10
11

Anthony Meritt Posey,

12
13
14
15

Petitioner,
v.
Dwight Neven, et al.,
Respondents.

Case No. 2:15-cv-01482-RFB-GWF
Unopposed Motion for Extension
of Time to File Response in
Opposition to Motion to Dismiss
(First Request)

16
17

Petitioner, Anthony Meritt Posey, by and though counsel, C.B. Kirschner,

18

Assistant Federal Public Defender, moves this Court for an extension of time of

19

sixty (60) days from August 21, 2018, to and including October 20, 2018, to file a

20

Response in Opposition to Respondents’ Motion to Dismiss.

21
22
23
24
25
26

1
2

POINTS AND AUTHORITIES
1.

On or about August 14, 2012, Anthony Meritt Posey was sentenced to

3

two, consecutive periods of incarceration of seventy-two (72) to one hundred eighty

4

(180) months. Mr. Posey mailed his pro se Petition for a Writ of Habeas Corpus on

5

July 28, 2015. ECF No. 1. His First Amended Petition was filed on October 10,

6

2017. ECF No. 18.

7

2.

Respondents filed a Motion to Dismiss on August 7, 2018. ECF No. 24.

8

Petitioner’s Response in Opposition is currently due August 21, 2018. Mr. Posey

9

now requests an additional sixty (60) days to file his Opposition, until October 20,

10
11

2018. This is the first request for an extension of time.
3.

The additional period of time is necessary in order to effectively

12

represent Mr. Posey. This motion is filed in the interests of justice and not for the

13

purposes of unnecessary delay.

14

4.

Counsel’s busy schedule necessitates this extension request. Counsel

15

currently has filing deadlines in nine other pending habeas cases, including an

16

Answering Brief in the Ninth Circuit Court of Appeals due September 7, 2018.

17

Counsel will also be out of the office attending (and presenting a seminar at) the

18

National Non-Capital Habeas Conference from September 26, 2018 to September

19

28, 2018.

20

5.

On August 17, 2018, Deputy Attorney General Erin Bittick was

21

contacted via email and stated she did not object to the extension, but the lack of

22

objection should not be construed as a waiver of any procedural defenses.

23

6.

For the above stated reasons, Petitioner respectfully requests this

24

Court grant the request for an extension of time of sixty (60) days and order the

25

Response in Opposition to be filed on or before October 20, 2018.

26

2

1

Dated this 20th day of August, 2018.

2

Respectfully submitted,
Rene L. Valladares
Federal Public Defender

3
4
5

/s/ C.B. Kirschner
C.B. Kirschner
Assistant Federal Public Defender

6
7
8
9
10

IT IS SO ORDERED:

11
12

__________________________
____________________________________
RICHARD STATES DISTRICT JUDGE
UNITED F. BOULWARE, II
United States District Court
August 21, 2018.
DATED: ____________________

13
14
15
16
17
18
19
20
21
22
23
24
25
26

3

1
2

CERTIFICATE OF SERVICE
I hereby certify that on August 20, 2018, I electronically filed the foregoing

3

with the Clerk of the Court for the United States District Court, District of Nevada

4

by using the CM/ECF system.

5
6
7

Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Erin Bittick
I further certify that some of the participants in the case are not registered

8

CM/ECF users. I have mailed the foregoing documents by First-Class Mail, postage

9

pre-paid, or have dispatched it to a third party commercial carrier for delivery

10
11
12
13
14

within three calendar days, to the following non-CM/ECF participants:
Anthony Posey
# 1091115
Lovelock Correctional Center
1200 Prison Road
Lovelock, NV 89419

15
16
17
18

/s/ Adam Dunn
An Employee of the
Federal Public Defender

19
20
21
22
23
24
25
26

4