Holmes Jr v. Gentry et al

Filing 21

ORDER Granting 20 Unopposed Motion to Extend Time re 18 Order (Second Request). Amended Petition due by 5/31/2019. Signed by Judge Richard F. Boulware, II on 4/17/2019. (Copies have been distributed pursuant to the NEF - MR)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*S. Alex Spelman
Assistant Federal Public Defender
Nevada State Bar No. 14275
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Lafayette D. Holmes, Jr.

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Lafayette D. Holmes, Jr.,
Petitioner,

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v.
Joe Gentry, et al.,
Respondents.

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Case No. 2:17-cv-01980-RFB-GWF
Unopposed motion to extend time
to file second amended petition
(Second request)

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Mr. Holmes respectfully requests an extension of 45 days, up to and including
Friday, May 31, 2019, to file his second amended petition. Respondents do not
oppose.

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POINTS

AND

AUTHORITIES

Holmes’s current deadline to file the amended petition is April 16, 2019. 1 Mr.

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Holmes’s counsel requires additional time to effectively represent Mr. Holmes and

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file an amended petition on his behalf.

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Since Holmes’s last request for an extension, both counsel and his family

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member fell ill and needed to go to urgent care for treatment. This impeded

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counsel’s ability to complete the response in this matter by the deadline.

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Further, the demands of other cases have prevented counsel from meeting
the current deadline. Holmes’s counsel completed and filed, on March 22, 2019, the

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last of several habeas corpus petitions due close in time. See Morales v. Williams,

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No. 2:18-cv-00583-GMN-CWH, ECF No. 12 (D. Nev. Feb. 4, 2019) (amended

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petition); Garcia v. NDOC, No. 2:17-cv-03095-JCM-CWH (D. Nev. Feb. 15, 2019)

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(amended petition); Pough v. Gittere, No. 3:18-cv-00191-MMD-CBC (D. Nev. Feb.

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28, 2019) (amended petition); Nicholson v. Baker, No. 3:16-cv-00486-MMD-WGC,

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ECF No. 38 (D. Nev. March 5, 2019) (amended petition); Garcia v. Dzurenda, et al.,

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No. A-19-791171-W (Nev. 8th J. Dist. Ct. March 14, 2019) (state petition); Cardenas

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v. Neven, No. 3:15-cv-00476-MMD-CBC, ECF No. 39) (D. Nev. March 22, 2019)

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(amended petition).

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Next, just last Wednesday (April 10, 2019), Holmes’s counsel completed an

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extensive response to a motion to dismiss, filing that among other filings in the case

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of Hermansen v. Baker, 3:17-cv-00135-MMD-CBC (D. Nev.) (ECF Nos. 38–42).

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Next, Holmes’s counsel is in the process of completing and filing a response to

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a motion to dismiss in Brown v. Baker, No. 3:17-cv-00687-MMD-WGC (D. Nev.) by

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April 19, 2019, in addition to completing the amended petition in this case.

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ECF No. 18.
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At the same time as completing the response due in Brown, counsel is

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preparing for a Ninth Circuit oral argument in San Francisco this Friday, on April

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19, 2019, for the case of Vincent v. Williams, No. 17-16992 (9th Cir.). Holmes’s

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counsel is also lead counsel in Vincent, and will be arguing the matter.

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Because of the intervening illnesses and the demands of other cases,

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Holmes’s counsel respectfully represents that another extension of time is necessary

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to adequately represent Holmes in this critical pleading.

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On April 10, 2019, Deputy Attorney General Sheryl Serreze indicated by
email respondents have no objection to the instant request for a 45-day extension.
This motion is not filed for the purposes of undo delay but in the interests of

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justice. For the reasons stated above, Holmes respectfully requests this court extend

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the deadline to file an amended petition by 45 days, up to and including Friday,

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May 31, 2019.

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Dated April 16, 2019.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/S. Alex Spelman
S. Alex Spelman
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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April 17, 2019
Dated: ________________________

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CERTIFICATE

OF

S E R V I CE

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I hereby certify that on April 16, 2019, I electronically filed the foregoing with

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the Clerk of the Court for the United States District Court, District of Nevada by

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using the CM/ECF system.

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Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Sheryl Serreze.

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I further certify that some of the participants in the case are not registered

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CM/ECF users. I have mailed the foregoing by First-Class Mail, postage pre-paid, or

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have dispatched it to a third party commercial carrier for delivery within three

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calendar days, to the following non-CM/ECF participants:
Lafayette D. Holmes
#1035895
Ely State Prison
PO Box 1989
Ely, NV 89301
/s/ Arielle Blanck
An Employee of the
Federal Public Defender

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