McClain v. Williams et al

Filing 79

ORDER granting 78 Motion to Extend Time Re: 77 Answer to Amended Habeas Petition, Replies due by 4/4/2022. Signed by Judge Richard F. Boulware, II on 2/3/2022. (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
Reply to Respondents’ Answer
(First request)

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

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sixty-one (61) days, up to and including Monday April 4, 2022, to file his reply to

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Respondents’ answer to his petition for habeas relief. Respondents do not oppose this

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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. Respondents filed their answer to Mr. McClain’s petition on January 3,

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2022. ECF No. 77. Mr. McClain now seeks a sixty-one-day (61) extension of time to

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file his reply.
2.

An extension of time is merited on account of numerous filing deadlines

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and commitments undersigned counsel recently had to meet. Specifically, since

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January 3, 2022, counsel has had to invest a considerable amount of time drafting a

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reply due in February of 2022 in the capital habeas case Hernandez v. Gittere et al.,

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09-cv-00545-LRH (D. Nev.). In addition, counsel had to draft an opposition to a motion

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to dismiss filed on January 18, 2022 in the non-capital habeas matter of Bautista v.

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Garrett et al., 20-cv-00403-LRH (D. Nev.). Counsel likewise had to draft and, on

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January 10, 2022, file an opposition to a motion to dismiss in the non-capital habeas

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matter of Smith v. Garrett et al., 20-cv-01108-JAD (D. Nev.). Finally, counsel had to

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draft a petition for rehearing due with the Ninth Circuit on February 9, 2022 in the

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non-capital matter of Sempier v. Baker, et al., 20-17249 (9th Cir.).

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3.

Going forward, undersigned counsel has numerous deadlines, which

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further compel the present request for an extension of time. Specifically, counsel

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needs to finalize his reply in the above-referenced Hernandez matter. In addition, on

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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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March 4, 2022, counsel will need to file an opening brief with the Ninth Circuit in the

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non-capital habeas matter of Brown v. Williams, et al., 11-cv-01058-JCM (D. Nev.).

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Further, on March 29, 2022, counsel will need to file a reply with this Court in the

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non-capital habeas matter of Zanini v. Baker, et al., 18-cv-00336-MMD (D. Nev.). The

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above-duties and responsibilities are in addition to counsel’s busy caseload handling

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both non-capital and capital habeas matters currently pending in Nevada and out-of-

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state district courts for which he is carrying on various investigations and research

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and writing assignments.

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4.

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

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2, 2022, 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’ answer. 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 so that Mr. McClain can file his reply by Monday April 4,

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2022.

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Dated February 2, 2022

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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 3rd day of February, 2022.

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