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)

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
[phone]
[phone] (fax)
[e-mail]

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