McClain v. Williams et al

Filing 83

ORDER Granting 82 Motion to Extend Time to File Reply to 22 Answer. Replies due by 7/18/2022. Signed by Judge Richard F. Boulware, II on 6/7/2022. (Copies have been distributed pursuant to the NEF - KF)

Case 2:17-cv-00753-RFB-NJK Document 83 Filed 06/07/22 Page 1 of 4

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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
(Third request)

Case 2:17-cv-00753-RFB-NJK Document 83 Filed 06/07/22 Page 2 of 4

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

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forty-five days (45), up to and including Monday, July 18, 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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On July 9, 2019, this Court appointed the Federal Public Defender, District of

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

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Third Amended Petition for a Writ of Habeas Corpus on June 12, 2020. ECF No. 48.

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Respondents filed their answer to Mr. McClain’s petition on January 3, 2022. ECF

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No. 77. On February 4, 2022, ECF No. 78, and again on April 7, 2022, ECF No. 81,

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this Court granted undersigned counsel’s requests for extension of time to file Mr.

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McClain’s Reply to Respondents’ Answer. For the reasons detailed below, counsel now

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seeks an additional forty-five (45) day extension to file the pleading. Respondents do

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not oppose counsel’s request.

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

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commitments undersigned counsel recently had to meet. Specifically, undersigned

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counsel had to draft a Reply in the capital habeas matter Hernandez v. Gittere et al.,

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09-cv-00545-LRH (D. Nev.). The pleading was approximately 418 pages long and was

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ultimately filed with this Court on May 4, 2022. In addition, counsel had to draft an

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Opposition to a Motion to Dismiss and a Motion for Discovery in the capital habeas

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matter Biela v. Gittere, et al., CR08-2605 (2nd J.D. Nev.). The opposition was

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approximately 150 pages long and was filed on May 26, 2022 with the Second Judicial

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District Court of the State of Nevada.

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In addition to the above-responsibilities, counsel will need to meet several

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deadlines in the coming weeks that render a forty-five (45) day extension necessary.

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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 83 Filed 06/07/22 Page 3 of 4

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Specifically, counsel will need to draft a Reply in the non-capital habeas matter of

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Zanini v. Baker, et al., 18-cv-00336-MMD (D. Nev.), due on June 20, 2022. Drafting

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the Reply, which counsel anticipates will be approximately 100 pages long, has

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proven particularly time-consuming on account of the number of claims counsel has

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to address as well as their complexity. In addition, counsel will need to draft an

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Opening Brief due June 24, 2022 with the Ninth Circuit Court of Appeals in the non-

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capital habeas matter Robert Berry, Jr. v. Kyle Olsen, et al., 21-16943 (9th Cir.).

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

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handling both non-capital and capital habeas matters currently pending in Nevada

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and out-of-state district courts for which he is carrying on various investigations and

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research and writing assignments.

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Finally, the present request for an extension of time is unopposed. On June 3,

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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. The extension of time will permit counsel time to properly address the

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

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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 July 18,

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2022.

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Case 2:17-cv-00753-RFB-NJK Document 83 Filed 06/07/22 Page 4 of 4

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Dated June 3, 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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______________________________
RICHARD F. BOULWARE, II
United States District Judge

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June 7, 2022
Dated: ________________________

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