Budd v. Baker et al

Filing 22

ORDER Granting 21 Motion to Extend Time. Amended Petition due by 6/23/2018. Signed by Judge Richard F. Boulware, II on 5/29/2018. (Copies have been distributed pursuant to the NEF - ADR)

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MARY LOU WILSON, ESQ.
Attorney at Law, Nevada Bar No. 3329
2064 Regent Street
Reno, Nevada 89509
775-771-8620
[e-mail]
Attorney for Petitioner Budd

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GLENFORD BUDD,
Petitioner,

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v.

Case No. 2:16-cv-00613-RFB-PAL

RENEE BAKER, et al.
Respondents.
________________________________________/

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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION
(FOURTH REQUEST)

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COMES NOW GLENFORD BUDD, by and through counsel, MARY LOU WILSON, and

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Moves this Honorable Court for an Order extending the time within which to file a counseled

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Amended Petition for Writ of Habeas Corpus (Post Conviction).

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On September 5, 2017, this Court filed an Order Appointing Counsel and providing 60 days
within which to file an Amended Petition. ECF No. 14.
Budd moved for an extension of time of 90 days on October 30, 2017 (ECF No. 16) which
this Court approved that same day. ECF No. 16.

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On January 29, 2018, Budd moved this Court for a second extension of time, which was
approved. ECF No. 18.
Petitioner moved for a third extension of time of 30 days on April 17, 2018 (ECF No. 19)
which was approved by this Court. ECF No. 20.

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This motion is based upon the provisions of Rule 6(b) of the Federal Rules of Civil Procedure
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granting this Court the ability to extend the time in which to file an amended petition as well as
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28 U.S.C. §2242 (Application for a writ of habeas corpus shall be in writing signed and verified
by the person for whose relief it is intended or by someone acting in his behalf.).
Since the Third Motion for Extension of Time was filed, Counsel has completed the Amended

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Petition and mailed a copy to Petitioner along with a verification for him to sign and return. As

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of the date of this filing, Counsel for Petitioner has not received either his signed verification nor

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any indication that Petitioner takes issue with anything in the Amended Petition.

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Therefore, Counsel believes that an extension of 30 days is reasonable and necessary to
receive the signed verification of the Amended Petition from Petitioner and file the Amended
Petition with exhibits.

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It should be noted that as soon as Counsel for Petitioner receives his verification, she will file
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the Amended Petition, exhibits, and verification.
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On May 22, 2018 Counsel for Respondents advised that Respondents do not oppose this
motion for extension of time with the express understanding that Respondents’ non-opposition is
not to be construed as a waiver to any procedural defenses including timeliness or procedural
bars, that may apply to this or any future amended petition.
This is the fourth request for an extension of time within which to file the Amended Petition.

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Therefore, Petitioner Budd requests an extension of time of 30 days, or until June 23, 2018,
within which to file the Amended Petition.
This request is made in good faith and not for the purpose of delay.
Dated this 23rd day of May, 2018.

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By: /s/: MARY LOU WILSON
MARY LOU WILSON
Attorney for Petitioner Budd

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APPROVED:
DATED this 29th day of May, 2018.

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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GLENFORD BUDD,
Petitioner,

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v.
RENEE BAKER, et al.

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Case No. 2:16-cv-00613-RFB-PAL

Respondents.

CERTIFICATE OF SERVICE

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The undersigned hereby certifies that she is of legal age and discretion as to be competent

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to serve papers.
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That on the 23rd day of May, 2018, she served a copy of Budd’s Motion for Extension of
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Time by electronic mail.

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/s/: MARY LOU WILSON
MARY LOU WILSON
Attorney for Petitioner Budd

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