Perez v. Williams

Filing 23

ORDER Granting 22 Unopposed Motion to Extend Time re 12 Amended Petition for Writ of Habeas Corpus (First Request). Brian Williams, Sr answer due 12/28/2017. Signed by Judge Richard F. Boulware, II on 11/13/2017. (Copies have been distributed pursuant to the NEF - MR)

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ADAM PAUL LAXALT
Attorney General
Natasha M. Gebrael (Bar. No. 14367)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Respondents
UNITED STATES DISTR ICT COURT

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DISTRICT OF NEVADA

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RUBEN P. PEREZ,

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Case No. 2:16-cv-00830-RFB-GWF

Petitioner,

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vs.

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UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
TO FILE ANSWER TO AMENDED
PETITION FOR WRIT OF HABEAS
CORPUS (ECF NO. 12)

BRIAN WILLIAMS, et al.,

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Respondents.

(FIRST REQUEST)

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Respondents move this Court for an enlargement of time of 45 days, up to and including

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December 28, 2017, in which to file their Answer to Petitioner’s Amended Petition for Writ of Habeas

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Corpus (ECF No. 12). This Motion is made pursuant to FED.R.CIV.P. 6(b) and Rule 6-1 of the Local

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Rules of Practice and is based upon the attached affidavit of counsel.

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This is the first enlargement of time sought by Respondents and is brought in good faith and not
for the purpose of delay.
DATED November 9, 2017
Submitted by:
ADAM PAUL LAXALT
Attorney General
By: /s/ Natasha M. Gebrael
NATASHA M. GEBRAEL (Bar. No. 14367)
Deputy Attorney General

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Page 1 of 4

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DECLARATION OF NATASHA M. GEBRAEL
STATE OF NEVADA

)
) ss:
COUNTY OF CLARK )

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I, NATASHA M. GEBRAEL, being first duly sworn under oath, depose and state as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada, and am

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employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I have been

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assigned to represent Respondents in Ruben Perez v. Brian Williams, et al., Case No. 2:16-cv-00830-

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RFB-GWF, and as such, have personal knowledge of the matters contained herein.
2.

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The Response to Petitioner’s Amended Petition for Writ of Habeas Corpus is due to be

filed on November 13, 2017.

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3.

This Motion is made in good faith and not for the purpose of delay.

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4.

I have been unable with due diligence to timely complete a Response herein. I filed a

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Notice of Change of Attorney on October 24, 2017, which was my first appearance in the instant case.

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The attorney previously assigned to this matter, Dennis Wilson, is retiring from the Attorney General’s

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Office, necessitating a transfer of his active files, including this case. I am still in the process of reviewing

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the procedural history and relevant pleadings in the instant matter.
5.

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In addition to this case, I am responsible for approximately 40% of all state court habeas

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petitions that challenge time credits, with an average of 25-30 responses due per week. I am also

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responsible for certain non-time credit state petitions and direct appeals to the Nevada Supreme Court

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arising out of Attorney General prosecutions.
6.

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In addition to my overall workload, and the need to complete my review of this case file,

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the habeas unit at the Attorney General’s office will be short staffed until the end of November due to

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absences and vacation time and my workload is increasing to accommodate the absences.
7.

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I have spoken with the Assistant Federal Public Defender in this matter, Jeremy Baron,

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Esq. and he has indicated that the Public Defender has no objection to the 45-day extension of time.

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/././

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/././

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/././

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Page 2 of 4

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8.

Therefore, Respondents request an extension of time of 45 days to file an Answer to the

remaining claim in Petitioner’s Petition for Habeas Corpus, through December 28, 2017.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on November 9, 2017.

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/s/ Natasha M. Gebrael
NATASHA M. GEBRAEL (Bar No. 14367)

IT IS SO ORDERED:

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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DATED this 13th day of November, 2017.

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Page 3 of 4

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing UNOPPPOSED MOTION FOR

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ENLARGEMENT OF TIME TO FILE ANSWER TO AMENDED PETITION FOR WRIT OF

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HABEAS CORPUS with the Clerk of the Court by using the CM/ECF system on November 9, 2017.

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The following participants in this case are registered CM/ECF users and will be served by the
CM/ECF system:
Jeremy Baron, Esq.
Federal Public Defender
411 East Bonneville, Suite 250
Las Vegas, NV 89101
[e-mail]

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/s/_M. Landreth
An employee of the Office of the Attorney General

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