Ayala v. Gentry et al

Filing 67

ORDER granting 66 Motion to Extend Time Re: 65 Answer to Amended Habeas Petition. Reply brief due by 5/5/2023. Signed by Judge Richard F. Boulware, II on 3/6/2023. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-02093-RFB-VCF Document 67 Filed 03/06/23 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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v.

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CALVIN JOHNSON, et al.,

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Respondents.

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

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In this habeas corpus action, Respondents filed an answer on January 6, 2023

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(ECF No. 65). Petitioner Omar Ayala, represented by appointed counsel, was then due

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to file a reply by March 7, 2023. See Order entered April 13, 2021 (ECF No. 45)

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(60 days for reply).

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On March 3, 2023, Ayala filed a motion for extension of time (ECF No. 66),

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requesting a 59-day extension, to May 5, 2023, to file his reply. Ayala’s counsel states

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that the extension of time is necessary because she is relatively new to the case (notice

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of appearance September 14, 2022 (ECF No. 62)), and because of the relative complexity

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of the case. Ayala’s counsel represents that Respondents do not oppose the motion for

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extension of time. The Court finds that the motion for extension of time is made in good

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

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time requested.

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Case 2:17-cv-02093-RFB-VCF Document 67 Filed 03/06/23 Page 2 of 2

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IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension of Time (ECF

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No. 66) is GRANTED. Petitioner will have until and including May 5, 2023, to file a reply

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to Respondents’ answer.

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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 March, 2023.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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