Ayala v. Gentry et al

Filing 49

ORDER granting 48 Motion to Extend Time Re: 46 Fourth Amended Petition for Writ of Habeas Corpus. Attorney General of the State of Nevada answer due 9/10/2021; Brian E. Williams, Sr answer due 9/10/2021. Signed by Judge Richard F. Boulware, II on 8/5/2021. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-02093-RFB-VCF Document 49 Filed 08/05/21 Page 1 of 4

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AARON D. FORD
Attorney General
Michael J. Bongard (Bar. No. 7997)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
1539 Avenue F, Suite 2
Ely, NV 89301
[phone] (phone)
[phone] (fax)
[e-mail]

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Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OMAR AYALA,
Petitioner,

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vs.

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BRIAN E. WILLIAMS, SR., et al.,

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Case No. 2:17-cv-02093-RFB-VCF
UNOPPOSED MOTION FOR AN
EXTENSION OF TIME TO FILE THE
RESPONSE TO THE FOURTH AMENDED
PETITION FOR WRIT OF
HABEAS CORPUS
(ECF NO. 46)

Respondents.

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Respondents, through legal counsel, Aaron D. Ford, Attorney General of The State of Nevada,

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and Michael J. Bongard, Senior Deputy Attorney General, hereby move this court for a thirty (30) day

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enlargement of time, up to and including September 10, 2021, in which to submit the response to

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Petitioner Omar Ayala’s Fourth Amended Petition for Writ of Habeas Corpus by a Person in State

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Custody Pursuant to 28 U.S.C. §2254. (ECF No. 23). The answer is currently due August 11, 2021.

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Respondents base this motion on the declaration of Counsel.

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This is Respondents’ first request for an extension of time in which to file an answer and made in

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good faith and not for purposes of delay.
DATED this 4th day of August, 2021.
AARON D. FORD
Attorney General

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By: /s/ Michael J. Bongard_________
Senior Deputy Attorney General

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Case 2:17-cv-02093-RFB-VCF Document 49 Filed 08/05/21 Page 2 of 4

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AARON D. FORD
Attorney General
Michael J. Bongard (Bar. No. 7997)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
1539 Avenue F, Suite 2
Ely, NV 89301
[phone] (phone)
[phone] (fax)
[e-mail]

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Attorneys for Respondents

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3
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OMAR AYALA,

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Case No. 2:17-cv-02093-RFB-VCF

Petitioner,

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vs.

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DECLARATION OF
MICHAEL J. BONGARD

BRIAN E. WILLIAMS, SR., et al.,

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Respondents.

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1.

I am a Deputy Attorney General employed by the Attorney General’s Office of the State

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of Nevada in the Post-Conviction Division, and I make this declaration on behalf of Respondents’

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Unopposed Motion for Enlargement of Time to file the response to the petition (First Request) in the

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above-captioned case. By this motion, I am requesting a thirty (30) day enlargement of time, up to and

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including, September 10, 2021, to file and serve the answer. The answer is currently due August 11,

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2021.

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2.

Counsel took annual leave between July 13, 2021, and July 19, 2021 in order to visit his

family for the first time since December 2019.
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Counsel just completed the draft of the answer brief in Bejarano v. Gittere, et al., Ninth

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Circuit Case Number 11-99000 (death penalty case). Counsel also must complete the supplemental brief

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in a state habeas corpus case, Ferm v. Nevada Department of Public Safety, et al, Eighth Judicial District

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Court Case Number A-19-789688-W, due August 9, 2021. On July 27, 2021, Counsel also filed the

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answer to the petition in another state habeas case, Leal v. Hutchings, Eight Judicial District Court Case

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Number A-20-814369-W.

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Case 2:17-cv-02093-RFB-VCF Document 49 Filed 08/05/21 Page 3 of 4

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4.

On July 30, 2021, Counsel e-mailed opposing counsel, Kimberly Sandberg from the

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Federal Public Defender, to determine whether she would oppose this request for enlargement of time.

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Ms. Sandberg replied via e-mail stating that she does not oppose this motion.

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For these reasons, Counsel respectfully asks this Court to grant the request for an extension of
time of thirty (30) days to file the response to the petition.
DATED this 4th day of August, 2021.
By: /s/ Michael J. Bongard________________
Michael J. Bongard (Bar No. 007997)
Senior Deputy Attorney General

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IT IS SO ORDERED:

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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DATED this 5th day of August, 2021.

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Case 2:17-cv-02093-RFB-VCF Document 49 Filed 08/05/21 Page 4 of 4

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing document with the Clerk of the Court by
using the CM/ECF system on the 4th day of August, 2021.
The following participants in the case who are registered CM/ECF users will be served by the
CM/ECF system.

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Kimberly Sandberg
Assistant Federal Public Defender
411 E. Bonneville, Suite 250
Las Vegas, NV 89101
/s/ Lisa M. Clark
An Employee of the Office of the Attorney General

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