Holmes Jr v. Gentry et al

Filing 23

ORDER Granting 22 Unopposed Motion to Extend Time re 21 Order (Third Request). Amended Petition due by 6/20/2019. Signed by Judge Richard F. Boulware, II on 6/3/2019. (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
(Third request)

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Mr. Holmes respectfully requests an extension of 20 days, up to and including
Thursday, June 20, 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 May 31, 2019. 1 Mr.

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Holmes’s counsel requires an additional, brief extension time to effectively

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represent Mr. Holmes and file an amended petition on his behalf.

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Since Holmes’s last request for an extension, the demands of other cases have

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prevented his counsel from meeting the current deadline. See, e.g.,Vincent v.

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Williams, No. 17-16992, ECF No. 40 (9th Cir. April 19, 2019) (oral argument); Ross

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v. Neven, No. 2:13-cv-01562-JCM-CWH, ECF No. 71 (D. Nev. April 29, 2019)

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(response in opposition to motion to dismiss); Brown v. Baker, No. 3:17-cv-00687-

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MMD-WGC, ECF No. 31 (D. Nev. May 3, 2019) (response in opposition to motion to

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dismiss); Cardenas v. Baker, No. PC-5364 (5th Jud. Dist. Ct. Nev. May 10, 2019)

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(state-court petition for writ of habeas corpus); Morales v. Baker, No. A-19-794622-

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W (8th Jud. Dist. Ct. Nev. May 10, 2019) (state-court petition for writ of habeas

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corpus); Flores v. Williams, No. A-19-794716-W (8th Jud. Dist. Ct. Nev. May 13,

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2019) (state-court petition for writ of habeas corpus); Morales v. Baker, No. 2:18-cv-

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00583-GMN-CWH, EF No. 20 (D. Nev. May 15, 2019) (motion to stay).

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Next, on May 15 and 17, 2019, counsel was in a courtroom-skills training. On

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May 23, 2019, counsel was in court all day for arrest duty. As a result of unexpected

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issues arising from this arrest duty, counsel has been drafting a detention appeal in

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United States v. O’Hare, No. 2:04-cr-00451-KJD-LRL (D. Nev.), which has a 14-day

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deadline and is due by June 6, 2019. 2

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Finally, on May 24–25, 2019, counsel was out of town for work, traveling to
northern Nevada to meet with several clients in prison.

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ECF No. 21.

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See LR IB 3-5.
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Accordingly, the above demands prevented counsel from meeting the current

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deadline in this case and necessitated the instant request for a brief extension in

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order for Holmes’s counsel to adequately represent him in this critical pleading.

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On May 29, 2019, Deputy Attorney General Sheryl Serreze indicated by
email respondents have no objection to the instant request for a 20-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 20 days, up to and including Thursday,

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June 20, 2019.

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Dated May 31, 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
______________________________
United 3rd day of June, 2019.
DATED thisStates District Judge

Dated: ________________________

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CERTIFICATE

OF

S E R V I CE

I hereby certify that on May 31, 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

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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 CM/ECF

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

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

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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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