Carmichael v. Williams Sr et al

Filing 36

ORDER granting 35 Motion to Extend Time; Re: 28 Motion to Dismiss. Responses due by 7/24/2019. Signed by Judge Richard F. Boulware, II on 6/25/2019. (Copies have been distributed pursuant to the NEF - JM)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Jeremy C. Baron
Assistant Federal Public Defender
District of Columbia Bar No. 1021801
411 E. Bonneville Ave. Suite 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Richard Lee Carmichael

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Richard Lee Carmichael,
Petitioner,

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v.
Joe Gentry, et al.,
Respondents.

Case No. 2:16-cv-01142-RFB-GWF
Unopposed motion for extension of
time in which to file opposition to
the State’s motion to dismiss
(Third request)

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Richard Lee Carmichael respectfully moves this Court for an extension of time

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of thirty (30) days, from June 24, 2019, to and including July 24, 2019, in which to

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file an opposition to the State’s motion to dismiss.

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A RG U ME N T
1.

Mr. Carmichael filed a counseled amended petition on October 25, 2018.

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ECF No. 24. The State filed a motion to dismiss on January 10, 2019. ECF No. 28.

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Mr. Carmichael’s opposition to the motion to dismiss is due on June 24, 2019.

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2.

Undersigned counsel has been reviewing the motion to dismiss and Mr.

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Carmichael’s file in an effort to comply with the Court’s deadline. However, counsel

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respectfully suggests additional time is necessary to properly prepare the opposition

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to the motion to dismiss.

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3.

Since Mr. Carmichael filed his last motion for an extension of time, the

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State has provided undersigned counsel with a copy of Mr. Carmichael’s prison med-

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ical records. In turn, undersigned counsel has reviewed those records and has pre-

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pared a complete draft of an opposition to the State’s motion to dismiss. In the course

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of drafting the opposition, undersigned counsel realized he needed to have an addi-

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tional conversation with Mr. Carmichael regarding the issues in the opposition before

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finalizing and filing the opposition. Undersigned counsel has asked Mr. Carmichael

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to call him but hasn’t yet spoken to him regarding this issue. On information and

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belief, Mr. Carmichael hasn’t yet had a reasonable opportunity to call undersigned

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counsel. Once undersigned counsel speaks with Mr. Carmichael, he should be able

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to finalize and file the opposition in short order.

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4.

Undersigned counsel has had many professional obligations in the past

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weeks, including, among others, an opposition to a motion to dismiss filed on April

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29, 2019, in Elliott v. McDaniel, Case No. 3:11-cv-00041-MMD-CBC (D. Nev.); a reply

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brief filed on May 3, 2019, in Major v. Baker, Case No. 76716 (Nev. Sup. Ct.); an oral

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argument held in San Francisco, California, on May 15, 2019, in Ramet v. LeGrande,

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Case No. 18-15206 (9th Cir.); an amended petition filed on May 17, 2019, in Olsen v.

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LeGrand, Case No. 3:15-cv-00367-MMD-WGC (D. Nev.); an opposition to a motion to

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dismiss filed on May 31, 2019, in Barragan v. Filson, Case No. 3:17-cv-00453-LRH2

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CBC (D. Nev.); second-chairing an en banc oral argument held in San Francisco, Cal-

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ifornia, on June 19, 2019, in Ross v. Williams, Case No. 16-16533 (9th Cir.); and an

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opposition to a motion to dismiss filed on June 21, 2019, in Murray v. Thomas, Case

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No. A-19-794603-W (Nev. Eighth Jud. Dist. Ct.).

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5.

Undersigned counsel has many additional professional obligations in

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the coming weeks, including, among others, an opposition to a motion to dismiss due

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on June 25, 2019, in Patterson v. Gentry, Case No. 2:17-cv-02131-JCM-GWF (D. Nev.);

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an opening brief due on June 27, 2019, in Gutierrez v. Williams, Case No. 78205 (Nev.

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Sup. Ct.); an opposition to a motion to dismiss due on or about June 27, 2019, in

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Palmer v. Gittere, Case No. A-19-794605-W (Nev. Eighth Jud. Dist. Ct.); an opposition

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to a motion to dismiss due on or about June 27, 2019, in Cortinas v. Dzurenda, Case

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No. A-19-794687-W (Nev. Eighth Jud. Dist. Ct.); an opposition to a motion to dismiss

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due on or about June 28, 2019, in Guzman v. Gittere, Case No. A-19-794600-W (Nev.

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Eighth Jud. Dist. Ct.); a reply on the merits due on July 8, 2019, in Howard v. Wick-

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ham, Case No. 3:16-cv-00665-HDM-CBC (D. Nev.); an oral argument scheduled on

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July 17, 2019, in Bynoe v. Baca, Case No. 17-17012 (9th Cir.); an opposition to a mo-

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tion to dismiss due on July 22, 2019, in Richard v. Gentry, Case No. 2:18-cv-00181-

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KJD-NJK (D. Nev.); and a reply on the merits due on August 7, 2019, in Bradford v.

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Filson, Case No. 2:13-cv-01784-RFB-GWF (D. Nev.).

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6.

Therefore, counsel seeks an additional thirty (30) days, up to and includ-

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ing July 24, 2019, in which to file the opposition to the motion to dismiss. This is

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undersigned counsel’s third request for an extension of time in which to file the oppo-

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sition to the motion to dismiss.

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7.

On June 21, 2019, counsel contacted Senior Deputy Attorney General

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Michael J. Bongard and informed him of this request for an extension of time. As a

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matter of professional courtesy, Mr. Bongard had no objection to the request. Mr.

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Bongard’s lack of objection should not be considered as a waiver of any procedural
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defenses or statute of limitations challenges, or construed as agreeing with the accu-

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racy of the representations in this motion.

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8.

This motion is not filed for the purposes of delay, but in the interests of

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justice, as well as in the interest of Mr. Carmichael. Counsel for Mr. Carmichael

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respectfully requests this Court grant the motion and order Mr. Carmichael to file

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the opposition to the motion to dismiss no later than July 24, 2019.

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Dated June 24, 2019.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Jeremy C. Baron
Jeremy C. Baron
Assistant Federal Public Defender

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IT

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________________________________
RICHARD F. BOULWARE, II
______________________________
United States District Judge
UNITED STATES DISTRICT JUDGE

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DATED this 25th day of June, 2019
Dated: ________________________

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IS S O O RD ER E D :

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C E R TI FI C A T E

OF

S E R V I CE

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I hereby certify that on June 24, 2019, I electronically filed the foregoing with

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the Clerk of the Court for the United States District Court, District of Nevada by

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using the CM/ECF system.

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Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Michael Bongard.

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I further certify that some of the participants in the case are not registered

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CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage

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pre-paid, or have dispatched it to a third party commercial carrier for delivery within

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three calendar days, to the following non-CM/ECF participants:
Richard Lee Carmichael
No. 27850
Warm Springs Correctional Center
PO Box 7007
Carson City, NV 89702

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/s/Jessica Pillsbury
An Employee of the
Federal Public Defender

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