Ayala v. Gentry et al

Filing 50

ORDER. IT IS ORDERED that Respondents' Motion for Extension of Time (ECF No. 48 ) is GRANTED. Respondents will have until and including September 10, 2021, to respond to the fourth amended petition for writ of habeas corpus. IT IS FURTHER OR DERED that, in all other respects, the schedule for further proceedings set forth in the order entered April 13, 2021 (ECF No. 45 ) will remain in effect. Signed by Judge Richard F. Boulware, II on 8/6/2021. (Copies have been distributed pursuant to the NEF - HAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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OMAR AYALA,

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Petitioner,

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

v.

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ORDER

CALVIN JOHNSON, et al.,
Respondents.

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In this habeas corpus action, Petitioner Omar Ayala, represented by appointed

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counsel, file a fourth amended habeas petition on May 13, 2021 (ECF No. 46). The

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respondents were then due on August 11, 2021, to respond to Ayala’s fourth amended

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petition. See Order entered April 13, 2021 (ECF No. 45) (90 days for response).

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On August 4, 2021, Respondents filed a motion for extension of time (ECF No.

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48), requesting a 30-day extension, to September 10, 2021, to respond to Ayala’s fourth

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amended petition. Respondents’ counsel states that the extension of time is necessary

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because of his obligations in other cases. Petitioner does not oppose the motion for

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extension of time. The Court finds that Respondents’ motion for extension of time is made

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in good faith and not solely for the purpose of delay, and there is good cause for the

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extension of time requested.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Extension of Time

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(ECF No. 48) is GRANTED. Respondents will have until and including September 10,

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2021, to respond to the fourth amended petition for writ of habeas corpus.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered April 13, 2021 (ECF No. 45) will remain in effect.

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DATED THIS 6th day of August, 2021.

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RICHARD F. BOULWARE,
UNITED STATES DISTRICT JUDGE

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