McClain v. Williams et al

Filing 67

ORDER granting 65 Motion to Extend Time Re: 58 Motion to Dismiss, Responses due by 7/23/2021. Signed by Judge Richard F. Boulware, II on 7/23/2021. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-00753-RFB-NJK Document 67 Filed 07/23/21 Page 1 of 3

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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
(Fourth request)

Case 2:17-cv-00753-RFB-NJK Document 67 Filed 07/23/21 Page 2 of 3

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

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two (2) days, up to and including Friday July 23, 2021, to file an opposition to

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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 has since requested three extensions. ECF Nos. 59, 61, 63. For those

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reasons detailed below, counsel seeks a final two (2) day extension.

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2.

A final and modest extension is merited on account of unexpected

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pleadings undersigned counsel has had to file in other cases over the course of the

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past two weeks. Specifically, counsel has had to file various pleadings in anticipation

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of a habeas petition scheduled to be filed the week of July 19, 2021 in California state

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court in the capital habeas matter of Maury v. Martel, Case No. F461346. Further,

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counsel has had to prepare and file numerous pre-trial motions in the out-of-district

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federal capital trial case United States v. Schlesinger, 18-cr-02719-RCC-BGM (D.

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Ariz.). Specifically, counsel has had to file motions for bill of particulars, challenging

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the Federal Death Penalty Act (FDPA), and requesting grand jury transcripts.

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3.

Counsel has almost completed the opposition to Respondents’ motion to

dismiss and does not anticipate additional extensions will be needed.
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Finally, the present request for an extension is unopposed. On July 21,

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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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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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Case 2:17-cv-00753-RFB-NJK Document 67 Filed 07/23/21 Page 3 of 3

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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.

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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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Friday July 23, 2021.

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Dated July 21, 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 23rd day of July, 2021.

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