Minor v. Williams et al

Filing 13

ORDER Granting 12 Unopposed Motion to Continue Briefing Deadlines (Second Request). See Order for deadlines. Signed by Judge Richard F. Boulware, II on 8/9/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 MCGILLIVRAY LAW GIA MCGILLIVRAY, ESQ. Nevada Bar No. 008182 8275 S. Eastern Avenue, Suite 200-964 Las Vegas, Nevada 89123 Telephone: (702) 406-9401 Facsimile: (702) 478-6152 Email: giamlaw@outlook.com 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF NEVADA 8 9 PHILLIP MINOR, CASE NO. 2:15-cv-02005-RFB-PAL Petitioner, 10 11 UNOPPOSED MOTION TO CONTINUE BRIEFING SCHEDULE (Second Request) vs. BRIAN WILLIAMS., et al., Date: August 3, 2017 12 Respondents 13 The Petitioner, Philip Minor (Mr. Minor), by and through his counsel of record, Gia 14 McGillivray, and pursuant to Local Rule IA 6-1, hereby respectfully moves this Honorable Court 15 for a 40-day continuance of the briefing schedule set by the Court in this matter on May 5, 2017. 16 (ECF No. 11.) According to the Order, Mr. Minor’s amended petition for writ of habeas corpus is 17 scheduled to be filed on August 3, 2017. (ECF No. 11.) 18 1. On October 16, 2015, Mr. Minor filed an Application to Proceed in Forma Pauperis, 19 (ECF No. 1), a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in 20 State Custody ,(ECF Nos. 1-1, 1-2), and an Ex Parte Motion for Appointment of Counsel (ECF 21 No. 2). 22 2. On September 13, 2016, the Court issued an Order granting the Motion to Proceed 23 in Forma Pauperis and the Motion for Appointment of Counsel. (ECF No. 3.) Pursuant to the 24 Order, the Federal Public Defender was appointed to represent Mr. Minor. (ECF No. 3.) 25 3. The Federal Public Defender responded to the Order on September 16, 2016, by 26 filing a Notice of Conflict, advising that the Federal Public Defender could not undertake 27 representation and requesting that the Court appoint alternate counsel. (ECF No. 5.) 28 1 1 4. On February 8, 2017, this Court appointed the undersigned to represent Mr. Minor. 2 (ECF No. 8.) The Order further established that Mr. Minor file an amended petition for writ of 3 habeas corpus within ninety (90) days of entry of the Order, that respondents have forty-five (45) 4 days after service of the amended petition within which to answer and that petitioner shall have 5 forty-five (45) days after service of the answer to file and serve a reply. (ECF No. 8.) 6 5. Following appointment, undersigned counsel has had telephone contact with Mr. 7 Minor and researched the issues presented by Mr. Minor. Mr. Minor is currently housed in Ely, 8 Neavda. Undersigned counsel was able to meet travel to Ely to meet with Mr. Minor. Counsel 9 visited with Mr. Minor on June 2, 2017. 10 6. Undersiged counsel has also pursued obtaining the case file from the Eighth 11 Judicial District Court of Nevada. Mr. Minor’s case file was erroneously sealed due to a co- 12 defendant’s minor status. Following contact with the Court, Mr. Minor’s case was to be unsealed 13 and all documents properly redacted to conceal references to the co-defendant, whose file was to 14 remain sealed. There has been a lengthy delay in obtaining the necessary documents from the 15 court. Although Mr. Minor’s file was to be unsealed, the Clerks office continued to deny requests 16 for copies. Evenutually, a Senior Records Tech from the Eighth Judicial District Court was 17 involved and counsel was able to order copies of the file. The redaction process took the Clerk’s 18 office some time. On July 19, 2017, the Clerk’s office provided counsel with over 800 pages of 19 documents from Mr. Minors court file. 20 21 7. Undersigned counsel requires a continuance to properly prepare an amended petition. 22 8. 23 extension. 24 /// 25 /// 26 /// 27 Counsel has confirmed that the Government does not oppose the requested /// 28 2 1 2 3 For the reasons set forth above, Mr. Minor respectfully requests a 40 day continuance of the presently scheduled briefing deadlines set in this case. (ECF No. 8.). DATED this 2nd day of August, 2017. 4 MCGILLIVRAY LAW 5 By: /s/ Gia McGillivray Gia McGillivray, Esq. Nevada Bar No. 008182 6 7 IT IS SO ORDERED: 8 9 10 11 12 __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 9th day of August, 2017. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CERTIFICATE OF SERVICE 1 2 I hereby certify that on the date of filing of the document named below with the Clerk of 3 the Court, I cause a true and correct copy to be served in the following manner: 4 DOCUMENT(S) SERVED: MOTION TO WITHDRAW AS COUNSEL OF RECORD 5 ☒ ELECTRONIC SERVICE: Pursuant to Local Rule LR 5-4 of the United States 6 District Court for the District of Nevada, the above-referenced document was electronically filed 7 and served on all appearing parties through the Notice of Electronic Filing automatically generated 8 by the Court. 9 ☒ UNITED STATES MAIL: By depositing a true and correct copy of the above- 10 referenced document into the United States Mail with prepaid first-class postage, addressed to the 11 parties at their last-known mailing address(es): 12 Phillip Minor #21879 Ely State Prison P.O. Box 1989 Ely, Nevada 89301 13 14 15 ☐ OVERNIGHT COURIER: By depositing a true and correct copy of the above- 16 referenced document for overnight delivery via a nationally-recognized courier, addressed to the 17 parties listed below at their last-known mailing address. 18 19 20 21 ☐ FACSIMILE: By sending the above-referenced document via facsimile to those persons listed on the attached service list at the facsimile numbers set forth thereon. ☐ EMAIL: By sending the above-referenced document via email to those persons at the email addresses set forth below: 22 23 /s/Gia McGillivray Gia McGillivray 24 25 26 27 28 4

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