Crawley v. State of Nevada et al

Filing 59

ORDER Granting 58 Motion to Extend Time (First Request). Brad Cain and State of Nevada Answer re 47 Second Amended Petition for Writ of Habeas Corpus due 2/3/2023. Signed by Judge Richard F. Boulware, II on 12/6/2022. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:17-cv-02086-RFB-CWH Document 59 Filed 12/06/22 Page 1 of 4
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AARON D. FORD
Attorney General
HEATHER D. PROCTER (Bar No. 8621)
Chief Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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BRYAN WAYNE CRAWLEY,

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Petitioner,

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Case No. 2:17-cv-02086-RFB-CWH
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME
(FIRST REQUEST)

vs.
BRAD CAIN, et al.,
Respondents.

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Respondents, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada,

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respectfully move this Court for an order granting a sixty (60) day enlargement of time, to and including

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February 3, 2023, in which to file and serve their answer to Crawley’s second-amended petition.

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This motion is based upon the provisions of Rule 6(b) of the Federal Rules of Civil Procedure

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and the attached Declaration of Counsel, as well as all other papers, documents, records, pleadings, and

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other materials on file herein.

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This is my first enlargement of Respondents’ time to file said reply, and this motion is made in
good faith and not for the purposes of delay.
RESPECTFULLY SUBMITTED this 5th day of December, 2022.

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AARON D. FORD
Attorney General
By:

/s/ Heather D. Procter
HEATHER D. PROCTER (Bar No. 8621)
Chief Deputy Attorney General

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Case 2:17-cv-02086-RFB-CWH Document 59 Filed 12/06/22 Page 2 of 4
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AARON D. FORD
Attorney General
HEATHER D. PROCTER (Bar No. 8621)
Chief Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondents

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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BRYAN WAYNE CRAWLEY,

Case No. 2:17-cv-02068-RFB-CWH

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Petitioner,

DECLARATION OF COUNSEL

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vs.
BRAD CAIN, et al.,

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Respondents.

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STATE OF NEVADA

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CARSON CITY

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)
: ss.
)

I, HEATHER D. PROCTER, hereby states, based on personal knowledge and/or information and
belief, that the assertions of this declaration are true:
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I am the Chief Deputy Attorney General of the Post-Conviction Division of the Nevada

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Attorney General’s Office, and I make this declaration on behalf of Respondents’ motion for enlargement

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of time.

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2.

By this motion, I am requesting a sixty (60) day enlargement of time, to and including

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February 3, 2023, to answer to Crawley’s second-amended petition for writ of habeas corpus. This is my

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first request for enlargement.

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3.

The response is currently due December 5, 2022.

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4.

I was on annual leave October 19 to November 7, 2022. In addition, I have been out of

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the office several days to attend conferences, presentations and holidays. I have actively worked on bill
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Case 2:17-cv-02086-RFB-CWH Document 59 Filed 12/06/22 Page 3 of 4
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draft requests for the upcoming 2023 session of the Nevada Legislature, including an extensive bill that

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clarifies Nevada Revised Statutes Chapter 34. In addition, at the end of October, Senior Deputy Charles

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Finlayson left the Division to enter private practice. I have taken over his full caseload and also absorbed

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his supervisory responsibilities in addition to my own heavy administrative duties. This includes

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onboarding and training our newest deputy, John Dorame, who transferred into the division November

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21, 2022. I have also been involved in defending federal and state petitions, including Hill v. Gittere

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(2:98-cv-0914-KJD-DJA); Mulder v. Gittere (3:09-cv-0610-CDS-CSD) (death penalty); Richardson v.

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Gittere (3:22-cv-00017-RFB-CSD) (death penalty); Rosky v. Garrett (3:16-cv-0156-MMD-VPC); and

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Williams v. Reubart (2:98-cv-0056-APG-VCF) (death penalty). As such, I request a sixty (60) day

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enlargement of time, to and including February 3, 2023, to answer the petition.
5.

This motion for enlargement of time is made in good faith and not for the purpose of

unduly delaying the ultimate disposition of this case.
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I contacted the assigned Federal Public Defender, Alicia Intriago, who has no objection

to this enlargement.
Pursuant to 28 U.S.C. § 1746, Declarant herein certifies, under penalty of perjury, that the
foregoing is true and correct.
Dated this 5th day of December, 2022.

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/s/ Heather D. Procter
HEATHER D. PROCTER

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ORDER

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IT IS SO ORDERED.
6th day of ___________________________,
December
Dated this ____
2022.

________________________________
RICHARD F. BOULWARE, II
DISTRICT
COURTDISTRICT
JUDGE JUDGE
UNITED STATES

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DATED this

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Case 2:17-cv-02086-RFB-CWH Document 59 Filed 12/06/22 Page 4 of 4
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CERTIFICATE OF SERVICE

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I certify that I am an employee of the Office of the Attorney General and that on this 5th day of

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December, 2022, I served a copy of the foregoing UNOPPOSED MOTION FOR ENLARGEMENT

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OF TIME (FIRST REQUEST), by U.S. District Court CM/ECF electronic filing to:

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Alicia R. Intriago
Jonathan M. Kirshbaum
Assistant Federal Public Defender
411 E Bonneville Ave. Suite 250
Las Vegas, Nevada 89101
[e-mail]
[e-mail]

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/s/ Amanda White

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