Marks v. Williams et al

Filing 58

ORDER. IT IS ORDERED that Respondents' 57 Motion for Enlargement of Time is GRANTED. Respondents will have until and including December 21, 2020, to file a reply to Petitioner's opposition to their 52 motion to dismiss. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the 41 order filed October 18, 2019 will remain in effect. Signed by Judge James C. Mahan on 11/16/2020. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:17-cv-01413-JCM-PAL Document 58 Filed 11/16/20 Page 1 of 2 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 JOHN JOEY MARKS, Case No. 2:17-cv-01413-JCM-PAL Petitioner, 7 ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 57) v. 8 9 BRIAN WILLIAMS, et al., 10 Respondents. 11 12 13 In this habeas corpus action, the respondents filed a motion to dismiss on 14 July 17, 2020 (ECF No. 52), and the petitioner, John Joey Marks, filed an opposition to 15 that motion on October 29, 2020 (ECF No. 56). Respondents are now due to file a reply 16 by Monday, November 30, 2020. See Order entered October 18, 2019 (ECF No. 41) 17 (30 days for reply). 18 On November 6, 2020, Respondents filed a motion for extension of time (ECF 19 No. 57). Respondents request an extension of time to December 21, 2020, to file their 20 reply to Marks’ response to the motion to dismiss. Respondents characterize that as a 21 45-day extension, but, under the terms of the scheduling order in the case (ECF No. 22 41), it would be a 21-day extension. Respondents’ counsel states that the extension of 23 time is necessary because of her need to obtain state-court records relative to the case 24 and her obligations in other cases. Marks does not oppose the motion for extension of 25 time. 26 The Court finds that Respondents’ motion for extension of time is made in good 27 faith and not solely for the purpose of delay, and that there is good cause for the 28 extension of time requested. The Court will grant the extension of time as requested. 1 Case 2:17-cv-01413-JCM-PAL Document 58 Filed 11/16/20 Page 2 of 2 1 However, the Court will not look favorably upon any motion to further extend this 2 deadline. IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement 3 4 of Time (ECF No. 57) is GRANTED. Respondents will have until and including 5 December 21, 2020, to file a reply to Petitioner’s opposition to their motion to dismiss. IT IS FURTHER ORDERED that, in all other respects, the schedule for further 6 7 proceedings set forth in the order filed October 18, 2019 (ECF No. 41) will remain in 8 effect. 9 10 November 16, 2020. DATED THIS ___ day of ______________________, 2020. 11 12 13 JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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