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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MCGILLIVRAY LAW
GIA MCGILLIVRAY, ESQ.
Nevada Bar No. 008182
8275 S. Eastern Avenue, Suite 200-964
Las Vegas, Nevada 89123
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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PHILLIP MINOR,

CASE NO. 2:15-cv-02005-RFB-PAL
Petitioner,

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UNOPPOSED MOTION TO CONTINUE
BRIEFING SCHEDULE
(Second Request)

vs.
BRIAN WILLIAMS., et al.,

Date: August 3, 2017

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Respondents

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The Petitioner, Philip Minor (Mr. Minor), by and through his counsel of record, Gia
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McGillivray, and pursuant to Local Rule IA 6-1, hereby respectfully moves this Honorable Court
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for a 40-day continuance of the briefing schedule set by the Court in this matter on May 5, 2017.
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(ECF No. 11.) According to the Order, Mr. Minor’s amended petition for writ of habeas corpus is
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scheduled to be filed on August 3, 2017. (ECF No. 11.)
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1.

On October 16, 2015, Mr. Minor filed an Application to Proceed in Forma Pauperis,

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(ECF No. 1), a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in
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State Custody ,(ECF Nos. 1-1, 1-2), and an Ex Parte Motion for Appointment of Counsel (ECF
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No. 2).
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2.

On September 13, 2016, the Court issued an Order granting the Motion to Proceed

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in Forma Pauperis and the Motion for Appointment of Counsel. (ECF No. 3.) Pursuant to the
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Order, the Federal Public Defender was appointed to represent Mr. Minor. (ECF No. 3.)
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3.

The Federal Public Defender responded to the Order on September 16, 2016, by

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filing a Notice of Conflict, advising that the Federal Public Defender could not undertake
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representation and requesting that the Court appoint alternate counsel. (ECF No. 5.)
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4.

On February 8, 2017, this Court appointed the undersigned to represent Mr. Minor.

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(ECF No. 8.) The Order further established that Mr. Minor file an amended petition for writ of

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habeas corpus within ninety (90) days of entry of the Order, that respondents have forty-five (45)

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days after service of the amended petition within which to answer and that petitioner shall have

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forty-five (45) days after service of the answer to file and serve a reply. (ECF No. 8.)

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5.

Following appointment, undersigned counsel has had telephone contact with Mr.

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Minor and researched the issues presented by Mr. Minor. Mr. Minor is currently housed in Ely,

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Neavda. Undersigned counsel was able to meet travel to Ely to meet with Mr. Minor. Counsel

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visited with Mr. Minor on June 2, 2017.

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6.

Undersiged counsel has also pursued obtaining the case file from the Eighth

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Judicial District Court of Nevada. Mr. Minor’s case file was erroneously sealed due to a co-

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defendant’s minor status. Following contact with the Court, Mr. Minor’s case was to be unsealed

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and all documents properly redacted to conceal references to the co-defendant, whose file was to

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remain sealed. There has been a lengthy delay in obtaining the necessary documents from the

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court. Although Mr. Minor’s file was to be unsealed, the Clerks office continued to deny requests

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for copies. Evenutually, a Senior Records Tech from the Eighth Judicial District Court was

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involved and counsel was able to order copies of the file. The redaction process took the Clerk’s

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office some time. On July 19, 2017, the Clerk’s office provided counsel with over 800 pages of

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documents from Mr. Minors court file.

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7.

Undersigned counsel requires a continuance to properly prepare an amended

petition.

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8.

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extension.

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Counsel has confirmed that the Government does not oppose the requested

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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.

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MCGILLIVRAY LAW

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By:
/s/ Gia McGillivray
Gia McGillivray, Esq.
Nevada Bar No. 008182

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IT IS SO ORDERED:
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__________________________
RICHARD F. BOULWARE, II
United States District Judge
DATED this 9th day of August, 2017.

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CERTIFICATE OF SERVICE

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I hereby certify that on the date of filing of the document named below with the Clerk of

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the Court, I cause a true and correct copy to be served in the following manner:

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DOCUMENT(S) SERVED: MOTION TO WITHDRAW AS COUNSEL OF RECORD

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☒

ELECTRONIC SERVICE:

Pursuant to Local Rule LR 5-4 of the United States

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District Court for the District of Nevada, the above-referenced document was electronically filed

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and served on all appearing parties through the Notice of Electronic Filing automatically generated

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by the Court.

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☒

UNITED STATES MAIL: By depositing a true and correct copy of the above-

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referenced document into the United States Mail with prepaid first-class postage, addressed to the

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parties at their last-known mailing address(es):

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Phillip Minor #21879
Ely State Prison
P.O. Box 1989
Ely, Nevada 89301

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OVERNIGHT COURIER:

By depositing a true and correct copy of the above-

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referenced document for overnight delivery via a nationally-recognized courier, addressed to the

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parties listed below at their last-known mailing address.

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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.
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EMAIL: By sending the above-referenced document via email to those persons at

the email addresses set forth below:

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/s/Gia McGillivray
Gia McGillivray

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