Ayala v. Gentry et al

Filing 59

ORDER granting 58 Motion to Extend Time to Respond to 57 Response to 54 Motion to Dismiss, Replies due by 2/9/2022. Signed by Judge Richard F. Boulware, II on 1/7/2022. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 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,

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

Petitioner,

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vs.

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

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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 February 9, 2022, in which to submit the reply to Petitioner

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Omar Ayala’s Opposition to Motion to Dismiss Fourth Amended Petition for Writ of Habeas Corpus by

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a Person in State Custody Pursuant to 28 U.S.C. §2254. (ECF No. 23). The response is currently due

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January 10, 2022. 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 the reply and made in
good faith and not for purposes of delay.
DATED this 6th day of January, 2022.
AARON D. FORD
Attorney General
By: /s/ Michael J. Bongard___________
Michael J. Bongard (Bar No. 007997)
Senior Deputy Attorney General

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Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 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
DECLARATION OF
MICHAEL J. BONGARD

Petitioner,

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vs.

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

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Respondents.
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 reply to the opposition to motion to dismiss (First

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Request) in the above-captioned case. By this motion, I am requesting a thirty (30) day enlargement of

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time, up to and including, February 9, 2022, to file and serve the reply. The reply is currently due January

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10, 2022.

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2.

Counsel just finished the draft of the Answering Brief in Leal v. State, Nevada Supreme

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Court Case Number 83451. Counsel was also in Elko, Nevada on January 3, 2022, for the preliminary

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hearing in Himmelman v. State, Elko Justice Court Case Number CR-F-21-6863.

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3.

Counsel will be out of the office from January 7, 2022, through January 13, 2022, to travel

to Wisconsin to assist a family member who will be undergoing a medical procedure.
4.

On January 5, 2022, Counsel e-mailed opposing counsel, Kimberly Sandberg from the

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

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time. Ms. Sandberg replied via e-mail stating that she does not oppose this motion.
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Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 Page 3 of 4
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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 6th day of January, 2022.
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
DATED this 7th day of January, 2022.

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Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 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 6th day of January, 2022.
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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