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)

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Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 Page 1 of 4 6 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 (775) 289-1632 (phone) (775) 289-1653 (fax) mbongard@ag.nv.gov 7 Attorneys for Respondents 1 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 OMAR AYALA, 11 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, 12 vs. 13 BRIAN E. WILLIAMS, SR., et al., 14 Respondents. 15 Respondents, through legal counsel, Aaron D. Ford, Attorney General of The State of Nevada, 16 and Michael J. Bongard, Senior Deputy Attorney General, hereby move this court for a thirty (30) day 17 enlargement of time, up to and including February 9, 2022, in which to submit the reply to Petitioner 18 Omar Ayala’s Opposition to Motion to Dismiss Fourth Amended Petition for Writ of Habeas Corpus by 19 a Person in State Custody Pursuant to 28 U.S.C. §2254. (ECF No. 23). The response is currently due 20 January 10, 2022. Respondents base this motion on the declaration of Counsel. 21 22 23 24 25 26 27 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 28 Page 1 of 4 Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 Page 2 of 4 1 6 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 (775) 289-1632 (phone) (775) 289-1653 (fax) mbongard@ag.nv.gov 7 Attorneys for Respondents 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 OMAR AYALA, 11 Case No. 2:17-cv-02093-RFB-VCF DECLARATION OF MICHAEL J. BONGARD Petitioner, 12 vs. 13 BRIAN E. WILLIAMS, SR., et al., 14 15 Respondents. 1. I am a Deputy Attorney General employed by the Attorney General’s Office of the State 16 of Nevada in the Post-Conviction Division, and I make this declaration on behalf of Respondents’ 17 Unopposed Motion for Enlargement of Time to file the reply to the opposition to motion to dismiss (First 18 Request) in the above-captioned case. By this motion, I am requesting a thirty (30) day enlargement of 19 time, up to and including, February 9, 2022, to file and serve the reply. The reply is currently due January 20 10, 2022. 21 2. Counsel just finished the draft of the Answering Brief in Leal v. State, Nevada Supreme 22 Court Case Number 83451. Counsel was also in Elko, Nevada on January 3, 2022, for the preliminary 23 hearing in Himmelman v. State, Elko Justice Court Case Number CR-F-21-6863. 24 25 26 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 27 Federal Public Defender Office, to determine whether she would oppose this request for enlargement of 28 time. Ms. Sandberg replied via e-mail stating that she does not oppose this motion. Page 2 of 4 Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 Page 3 of 4 1 2 3 4 5 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 6 IT IS SO ORDERED: 7 8 9 10 11 12 __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 7th day of January, 2022. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 4 Case 2:17-cv-02093-RFB-VCF Document 59 Filed 01/07/22 Page 4 of 4 1 2 3 4 5 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. 6 7 8 9 10 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 4

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