Ayala v. Gentry et al

Filing 52

ORDER granting 51 Motion to Extend Time; Respondents will have until and including October 12, 2021, to respond to the 46 fourth amended petition for writ of habeas corpus. Signed by Judge Richard F. Boulware, II on 9/3/2021. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-02093-RFB-VCF Document 52 Filed 09/07/21 Page 1 of 2

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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, filed a fourth amended habeas petition on May 13, 2021 (ECF No. 46). After a

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30-day extension of time, the respondents were due on September 10, 2021, to respond

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to Ayala’s fourth amended petition. See Order entered April 13, 2021 (ECF No. 45) (90

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days for response); Order entered August 6, 2021 (30-day extension).

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On September 2, 2021, Respondents filed a motion for extension of time (ECF No.

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51), requesting a 32-day extension, to October 12, 2021, to respond to Ayala’s fourth

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amended petition (October 11 is a holiday). Respondents’ counsel states that the

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extension of time is necessary because of his obligations in other cases. Petitioner does

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not oppose the motion for extension of time. The Court finds that Respondents’ motion

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for extension of time is made in good faith and not solely for the purpose of delay, and

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there is good cause for the 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. 51) is GRANTED. Respondents will have until and including October 12, 2021,

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to respond to the fourth amended petition for writ of habeas corpus.
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Case 2:17-cv-02093-RFB-VCF Document 52 Filed 09/07/21 Page 2 of 2

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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 3rd day of September, 2021.

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RICHARD F. BOULWARE, II,
UNITED STATES DISTRICT JUDGE

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