Perez-Marquez v. Gentry et al

Filing 38

ORDER granting 37 Motion to Extend Time to File Second Amended Petition. Second Amended Petition due by 7/9/2018. Signed by Judge Richard F. Boulware, II on 4/11/2018. (Copies have been distributed pursuant to the NEF - MMM)

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7 RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 KIMBERLY SANDBERG Assistant Federal Public Defender New York State Bar No. 5152863 411 E. Bonneville, Ste. 250 Las Vegas, Nevada 89101 (702) 388-6577 (702) 388-5819 (fax) 8 Attorney for Petitioner Oscar Perez-Marquez 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 OSCAR PEREZ-MARQUEZ,, Petitioner, 13 14 15 v. JO GENTRY, ET AL.,, Respondents. 16 Case No. 2:17-cv-01501-RFB-PAL UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS (FIRST REQUEST) 17 18 Petitioner Oscar Perez-Marquez, by counsel, moves this Court for the entry of 19 Order extending the time within which he must file a Second Amended Petition for 20 Writ of Habeas Corpus by 91 days from April 9, 2018 to and including July 9, 2018. 21 Perez-Marquez’s request is based on the record in this case and the attached Points 22 and Authorities. The state, by Deputy Attorney Sheryl Serreze, does not object to 23 this request. 24 25 26 1 2 POINTS AND AUTHORITIES 1. On December 18, 2017 the Office of the Federal Public Defender was 3 appointed as counsel for Petitioner, Oscar Perez-Marquez (ECF No.24). Undersigned 4 counsel filed her appearance on February 7, 2018 (ECF No. 34). 5 2. This is Perez-Marquez’s first request for an extension of time. This 6 motion is not filed for the purposes of delay but in the interests of justice, as well as 7 in the interests of Perez-Marquez. 8 3. Counsel’s schedule and circumstances beyond her control have 9 precluded her from meeting the current deadline of April 9, 2018. On February 27, 10 2018, counsel travelled to Saguaro, AZ to meet with Perez-Marquez for the first time. 11 At this meeting, counsel learned that extensive investigation may be necessary for 12 the filing of an Amended Petition in his case. Furthermore, the office of the Federal 13 Public Defender has been diligently trying to obtain prior counsel files, but to date, 14 has not been able to gather all of prior counsels’ files. Furthermore, counsel has filed 15 three petitions in the past 30 days, one of which had AEDPA time, and will file 16 another petition on April 13, 2018. Counsel is preparing an evidentiary hearing in 17 state court, and counsel has filed various other pleadings in the weeks prior. 18 4. On April 5, 2018, counsel e-mailed Deputy Attorney Sheryl Serreze 19 regarding her requested extension. On April 5, 2018, she responded that she does not 20 object to this request. However, Ms. Serreze’s lack of objection does not constitute a 21 waiver of any procedural defenses Respondents may wish to raise in response to the 22 amended petition including, but not limited to, timeliness, procedural default, and 23 questions of exhaustion. 24 5. The requested extension is necessary for counsel to complete her review 25 of the case and to draft and file the Amended Petition for Writ of Habeas Corpus. For 26 these reasons, as well as the record in this case, Perez-Marquez respectfully asks this 2 1 Court to grant his request to extend the time for filing a Second Amended Petition by 2 90 days until July 9, 2018. 3 4 Dated this 9th day of April, 2018. 5 Respectfully submitted, 6 7 RENE L. VALLADARES Federal Public Defender 8 /s/Kimberly Sandberg 9 KIMBERLY SANDBERG Assistant Federal Public Defender 10 11 IT IS SO ORDERED: 12 13 __________________________ RICHARD F. BOULWARE, II ______________________________ United States District Court United States District Judge 14 15 16 April 11, 2018. Dated: ________________________ 17 18 19 20 21 22 23 24 25 26 3 CERTIFICATE OF SERVICE 1 2 I hereby certify that on April 9, 2018, I electronically filed the foregoing with 3 the Clerk of the Court for the United States District Court, District of Nevada by 4 using the CM/ECF system. 5 6 Participants in the case who are registered CM/ECF users will be served by the CM/ECF system and include: Sheryl Serreze. 7 I further certify that some of the participants in the case are not registered 8 CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage 9 pre-paid, or have dispatched it to a third party commercial carrier for delivery within 10 11 12 13 14 15 three calendar days, to the following non-CM/ECF participants: Oscar Perez-Marquez No. 91579 Saguaro Correctional Center 1250 E Arica Rd Eloy, AZ 85131 /s/ Jessica Pillsbury An Employee of the Federal Public Defender 16 17 18 19 20 21 22 23 24 25 26 4

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