Minor v. Williams et al

Filing 20

ORDER Granting 19 Unopposed Motion to Extend Time to Respond re 18 Motion to Dismiss (First Request). See Order for deadlines. Signed by Judge Richard F. Boulware, II on 11/22/2017. (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 CASE NO. 2:15-cv-02005-RFB-PAL PHILLIP MINOR, 10 11 12 UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS (ECF NO. 18) (First Request) Petitioner, vs. BRIAN WILLIAMS., et al., Respondents 13 14 The Petitioner, Philip Minor (Mr. Minor), by and through his counsel of record, Gia 15 McGillivray, and pursuant to Local Rule IA 6-1, hereby respectfully moves this Honorable Court 16 for an extension of time of 7 judicial days to file a reply in opposition to Respondents’ Motion to 17 Dismiss First Amended Petition for Writ of Habeas Corpus (“Motion to Dismiss”). (ECF No. 18.) 18 The reply is scheduled to be filed on September 20, 2017. 19 1. On October 16, 2015, Mr. Minor filed an Application to Proceed in Forma Pauperis, 20 (ECF No. 1), a Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in 21 State Custody ,(ECF Nos. 1-1, 1-2), and an Ex Parte Motion for Appointment of Counsel (ECF 22 No. 2). 23 2. On September 13, 2016, the Court issued an Order granting the Motion to Proceed 24 in Forma Pauperis and the Motion for Appointment of Counsel. (ECF No. 3.) Pursuant to the 25 Order, the Federal Public Defender was appointed to represent Mr. Minor. (ECF No. 3.) 26 27 3. The Federal Public Defender responded to the Order on September 16, 2016, by filing a Notice of Conflict, advising that the Federal Public Defender could not undertake 28 1 1 2 representation and requesting that the Court appoint alternate counsel. (ECF No. 5.) 4. On February 8, 2017, this Court appointed the undersigned to represent Mr. Minor. 3 (ECF No. 8.) On September 13, 2017, Mr. Minor filed his First Amended Petition for Writ of 4 Habeas Corpus. (ECF No. 14.) 5 5. On November 6, 2017, Respondents filed a Motion to Dismiss First Amended 6 Petition for Writ of Habeas Corpus. (ECF No. 18.) The Notice of Electronic filing noted Mr. 7 Minor’s response as due on November 20, 2017. 8 9 10 6. Repondents have raised several bases for dismissal in their Motion, including timeliness, procedural default, exhaustion and failure to state a claim. Undersigned counsel requires a continuance to properly prepare a response in opposition to the Motion to Dismiss. 11 7. 12 For the reasons set forth above, Mr. Minor respectfully requests an extension of 7 judicial 13 days to file a response in opposition to Respondents’ Motion to Dismiss. This request is made in 14 good faith and not for purposes of undue delay of the proceedings. 15 Counsel has confirmed that Respondents do not oppose the requested extension. DATED this 20th day of November, 2017. 16 MCGILLIVRAY LAW 17 By: /s/ Gia McGillivray Gia McGillivray, Esq. Nevada Bar No. 008182 18 19 IT IS SO ORDERED: 20 21 22 23 __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 22nd day of November, 2017. 24 25 26 27 28 2 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 Lovelock Correctional Center 1200 Prison Road Lovelock, NV 89419 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 3

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