Budd v. Baker et al

Filing 49

ORDER Granting 48 Unopposed Motion to Extend Time. Second Amended Petition due by 1/22/2020. Signed by Judge Richard F. Boulware, II on 12/27/2019. (Copies have been distributed pursuant to the NEF - ADR)

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ANGELA H. DOWS, ESQ.
Nevada Bar No. 010339
CORY READE DOWS & SHAFER
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Petitioner GLENFORD BUDD

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GLENFORD BUDD,

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Petitioner,
v.

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RENEE BAKER, et al.,
Respondents.

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

UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE
SECOND AMENDED PETITION FOR
WRIT OF HABEAS CORPUS
(Fourth Request)

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Petitioner GLENFORD BUDD, by and through his counsel, Angela H. Dows, Esq.,

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hereby moves this Court for a 30-day enlargement of time, up to and including January 22, 2020,

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by which to file his Second Amended Petition for Writ of Habeas Corpus. This is the fourth

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overall request for an extension of time. Said request is brought in good faith and not for

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purposes of delay.

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Dated this 23rd day of December, 2019.

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Respectfully submitted,
/s/ Angela H. Dows
ANGELA H. DOWS, ESQ.
1333 N. Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
Appointed counsel for Glenford Budd

MEMORANDUM OF POINTS AND AUTHORITIES

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1.

That the instant matter involves a petition for writ of habeas corpus filed by a

Nevada state prisoner pursuant to 28 U.S.C. § 2254.
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That on May 29, 2018, attorney Mary Lou Wilson filed a first amended petition

on behalf of Petitioner. (See Docket No. 23).
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That attorney Mary Lou Wilson also filed 48 exhibits in support of the first

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amended petition. (See Docket Nos. 25, 26, 27, 28, 29).
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4.

That on October 9, 2018, the Court entered an order that dismissed Ground 12 of

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the first amended petition, and ordered that respondents have forty-five (45) days to answer or

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otherwise respond to the amended petition. (See Docket No. 30).

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5.

That on February 8, 2019, Mary Lou Wilson filed a motion to withdraw as

counsel, and instant counsel was thereafter appointed on February 25, 2019. (See Docket Nos.
36, 38).

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6.

That on March 7, 2019, the Court entered an order that allowed Petitioner ninety

(90) days, or on or before June 5, 2019, to serve a motion or notice indicating how petitioner
wishes to proceed with this action.
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That on June 5, 2019, Petitioner filed a motion for leave to file a second amended

petition, along with a request for 60-days by which to file said petition. (See Docket No. 41.)
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Petitioner’s motion was granted on July 3, 2019, with a deadline to file said

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second amended petition of on or before September 3, 2019. (See Docket No. 42.)
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9.

That a previously-filed filed exhibit list containing forty-eight (48) exhibits in

total appeared to be on the low side for a triple-homicide case.
10.

That in September of 2019, Petitioner was allowed a longer continuance of

approximately 90 days after delving into the case and noticing that several exhibits as noted were

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not included in the case, as well as mentioned in the petition. As an example, no pretrial motions
were included in the previously-filed petition(s).
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Instant counsel, in approximately October of 2019, obtained additional case file

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information from one or more prior counsels for Mr. Budd, in order to add to the petition and the

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exhibits thereof.

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12.

That Petitioner’s counsel is well into the process of preparing the amended

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petition with the new exhibits as well as re-drafting the petition.
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13.

That Petitioner’s counsel experienced an unexpected amount of leave from the

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office in December of 2019 through an illness that caused the instant case to require a brief

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amount of additional time to complete.

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14.

That this motion is not for purposes of delay, and is instead for purposes of being

able to amend a document and add several exhibits that was originally drafted by a different
attorney for Petitioner Budd, as well as have sufficient time to confer with Petitioner Budd in

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general as well as in light of Petitioner Budd’s custodial status.
15.

That on December 20, 2019, instant counsel conferred with Deputy Attorney

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General Erin L. Bittick as to whether she objected to the instant motion. Deputy Attorney

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General Bittick advised that she did not object, however did not waive any defenses that may be

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available.

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CONCLUSION

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Wherefore, it is respectfully submitted that Angela H. Dows, Esq. be allowed leave of

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Court to file a second amended petition in the matter, with a filing deadline of thirty (30) days

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from entry of the order by which to submit said second amended petition. Said new requested

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deadline would be on or before January 22, 2020.

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Respectfully submitted,

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/s/ Angela H. Dows
ANGELA H. DOWS, ESQ.
CORY READE DOWS & SHAFER
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128
Attorney for Petitioner Glenford Budd
Dated: December 23, 2019

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IT IS SO ORDERED:

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
DATED this 27th day of December, 2019.

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CERTIFICATE OF SERVICE

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The undersigned hereby affirms that a copy of the foregoing:

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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS
(Fourth Request)

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has been served on all counsel of record as listed below, via electronic transmission, pursuant to

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local Order, as follows:

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Erin L. Bittick
Deputy Attorney General, Post-Conviction Division
OFFICE OF THE NEVADA ATTORNEY GENERAL
100 N. Carson Street
Carson City, NV 89701-4717
Attorneys for Respondents

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The following participant in this case is not a registered CM/ECF users and will be
served via first-class U.S. Mail:
Glenford Budd
ID: 90043
Southern Desert Correctional Center
P.O. Box 208
Indian Springs, Nevada 89070-0208

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DATED this 23rd day of December, 2019.

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___/s/_____________________
ANGELA H. DOWS, ESQ.

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