McClain v. Williams et al

Filing 64

ORDER granting 63 Motion to Extend Time Re: 58 Motion to Dismiss, Responses due by 7/21/2021. Signed by Judge Richard F. Boulware, II on 7/8/2021. (Copies have been distributed pursuant to the NEF - HAM)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Martin L. Novillo
Assistant Federal Public Defender
Virginia State Bar No. 76997
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Clifford McClain

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

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Clifford McClain,
Petitioner,

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v.
Brian Williams, Warden, et al.,
Respondents.

Case No. 2:17-cv-00753-RFB-NJK
Unopposed motion for an
extension of time in which to file
opposition to motion to dismiss
(Third request)

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Petitioner Clifford McClain (“Mr. McClain”) moves for an extension of time of

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fifteen (15) days, up to and including Wednesday July 21, 2021, to file an opposition

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to Respondents’ motion to dismiss. Respondents do not oppose this request.

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1.

On July 9, 2019, this Court appointed the Federal Public Defender,

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District of Nevada to Mr. McClain’s case. ECF No. 39.1 Undersigned counsel filed Mr.

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McClain’s Third Amended Petition for a Writ of Habeas Corpus on June 12, 2020.

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ECF No. 48. On February 3, 2021, Respondents filed a Motion to Dismiss. ECF No.

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58. Counsel requested a sixty (60) day extension for file his opposition, which was

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granted by this Court. ECF No. 37. Counsel subsequently requested and was granted

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an additional forty-five (45) days to file his opposition. ECF No. 62. For those reasons

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detailed below, counsel seeks a final fifteen (15) day extension. Counsel does not

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anticipate he will request any further extensions of time.

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2.

A third extension of time to file Mr. McClain’s opposition is merited on

account of various filing deadlines undersigned counsel recently had to meet.
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Since his last request for an extension of time, counsel has had to

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prepare and finalize claims for an amended habeas petition to be filed in early July

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2021 in California state court in the capital habeas matter of Maury v. Martel, Case

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No. F461346. Similarly, counsel has had to investigate and prepare claims for an

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amended petition due also in July 2021 in Nevada state court in the capital habeas

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matter of Biela v. Gittere, et al., CR08-2605. Further, counsel has had to travel to Ely,

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Nevada on multiple occasions to meet with clients. Further, counsel had to review

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the record, investigate claims, and prepare an amended petition–filed on June 15,

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2021–in the non-capital habeas matter of Bautista v. Garrett, et al., 20-cv-00403-LRH

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(D. Nev.). Finally, counsel has had to prepare and file numerous pre-trial motions in

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The appointment followed this Court entering an Order granting in part the
Respondents’ motion to dismiss Mr. McClain’s second amended, proper person
petition for habeas relief. ECF No. 39.
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the out-of-district federal capital trial case United States v. Schlesinger, 18-cr-02719-

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RCC-BGM (D. Ariz.).

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Finally, the present request for an extension is unopposed. On July 6,

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2021, counsel for Petitioner contacted Deputy Attorney Charles A. Finlayson via

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email concerning this request for an extension of time. Mr. Finlayson has no objection

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to the request.

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5.

This requested extension will permit counsel time to properly address

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the Respondents’ motion. The request is not made for the purposes of delay, but

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rather in the interests of justice. Counsel does not anticipate any further extensions

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will be needed.

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WHEREFORE, counsel respectfully requests that this Court grant the request

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for an extension of time to file Mr. McClain’s Opposition to Motion to Dismiss to

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Wednesday July 21, 2021.

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Dated July 6, 2021.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Martin L. Novillo
Martin L. Novillo
Assistant Federal Public Defender

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IT IS SO ORDERED:

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______________________________
United States District Judge

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Dated: ________________________

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DATED this 8th day of July, 2021.

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