Davis v. Neven et al

Filing 22

ORDER Granting Petitioner's 21 Motion to Extend Time to File Amended Petition. Amended Petition due by 5/26/2017. Signed by Judge Richard F. Boulware, II on 3/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 7 RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 AMELIA L. BIZZARO Assistant Federal Public Defender Wisconsin State Bar No. 1045709 411 E. Bonneville, Ste. 250 Las Vegas, Nevada 89101 (702) 388-6577 (702) 388-5819 (fax) amelia_bizzaro@fd.org 8 Counsel for Petitioner James Anthony Davis. 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JAMES ANTHONY DAVIS, 12 13 14 15 Petitioner, v. D.W. NEVEN, et al., Respondents. Case No. 2:15-cv-01574-RFB-NJK MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS (Third Request) 16 17 Petitioner James Anthony Davis moves this Court for an extension of time of 18 90 days from February 26, 2017 to, and including, May 26, 2017, to file an Amended 19 Petition for Writ of Habeas Corpus. This motion is based on the attached points and 20 authorities and the record in this case. 21 22 23 Dated this 27th day of February, 2017. Respectfully submitted, 24 RENE L. VALLADARES Federal Public Defender 25 /s/ Amelia L. Bizzaro 26 AMELIA L. BIZZARO Assistant Federal Public Defender 1 POINTS AND AUTHORITIES 2 1. On January 26, 2017, undersigned counsel filed an unopposed motion to 3 extend the time for filing his amended petition by 120 days until May 26, 2017. See 4 ECF No. 18. 5 2. On January 30, 2017, this Court granted that motion. See ECF No. 19 6 at 3. However, on February 8, 2017, this Court entered a separate order resolving 7 several prior motions and pro se pleadings that had been filed in the case. See ECF 8 No. 20. In the course of doing so, this Court granted a preceding motion to extend and 9 gave Davis until February 26, 2017 (not May 26, 2017) to file his amended petition. 10 11 Id. 3. Because this Court’s January 30, 2017 Order preceded its February 8, 12 2017 order, Davis was concerned that the February 8 order may have overwritten the 13 January 30 Order. Out of abundance of caution, he files this motion re-requesting the 14 May 26, 2017 deadline for filing an amended petition for all of the same reasons 15 articulated on January 26, 2017. See ECF No. 18. 16 4. For the reasons above, as well as the record in this case, Davis asks this 17 Court to grant his request for an extension of time to file the amended petition and 18 order the amended petition to be filed on or before May 26, 2017. 19 Dated this 27th day of February, 2017. 20 21 Respectfully submitted, IT IS SO ORDERED: RENE L. VALLADARES Federal Public Defender 22 23 24 25 __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 13th day of March , 2017. /s/ Amelia L. Bizzaro AMELIA L. BIZZARO Assistant Federal Public Defender 26 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that on February 27, 2017, 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 Deputy Attorney General Shane S. Chesney. 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 within three calendar days, to the following non-CM/ECF participants: 11 James Anthony Davis No. 81111 Lovelock Correctional Center 1200 Prison Road Lovelock, NV 89419 12 13 14 /s/ Jessica Pillsbury 15 An Employee of the Federal Public Defender, District of Nevada 16 17 18 19 20 21 22 23 24 25 26 3

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