Randolph v. Baker et al

Filing 17

ORDER Granting Petitioner's 16 First Motion for Extension of Time to File Second Amended Petition. Second Amended Petition due by 12/17/2018. Signed by Judge Richard F. Boulware, II on 10/9/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Kimberly Sandberg
Assistant Federal Public Defender
New York State Bar No. 5152863
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Roger Randolph

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Roger Randolph,
Petitioner,

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v.
Jo Gentry, et al.,
Respondents.

Case No. 2:18-cv-00449-RFB-VCF
Motion for extension of time to file
second amended petition
(First request)

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On June 19, 2018, Roger Randolph filed, through counsel, an amended petition

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for writ of habeas corpus. 1 This Court granted Randolph leave to file a second

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amended petition. 2 Randolph, by counsel, moves this Court for an extension of time

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to file a second amended petition by 91 days from September 17, 2018 to and including

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December 17, 2018.

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Heather D. Proctor to ask whether she objects to this request for an extension.

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Counsel has not received a response from Ms. Proctor.

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message says she is out of the office until September 19, 2018.

Counsel emailed and called Senior Deputy Attorney General

Ms. Proctor’s voicemail

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Counsel met with Randolph for the first time on August 24, 2018. Through

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this meeting, counsel learned new information that made her aware that further

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investigation is necessary before filing a second amended petition. There are also

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additional records that counsel needs to obtain before filing a second amended

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petition. Counsel is in the process of obtaining these records and conducting this

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investigation.

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The requested extension is necessary for counsel to complete her review of the

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case, to obtain records, to complete investigation, and to draft and file the second

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amended petition. For these reasons, Randolph respectfully asks this Court to grant

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his request to extend the time for filing a second amended petition by 91 days until

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December 17, 2018.

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ECF No. 14.

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ECF No. 13.
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Dated September 17, 2018.

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Respectfully submitted,

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RENE L. VALLADARES
Federal Public Defender

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/s/ Kimberly Sandberg
Kimberly Sandberg
Assistant Federal Public Defender

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______________________________
RICHARD F. BOULWARE
United States District Judge

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October 9, 2018.
Dated: ________________________

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CERTIFICATE OF SERVICE

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I hereby certify that on September 17, 2018, I electronically filed the foregoing

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with the Clerk of the Court for the United States District Court, District of Nevada

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by using the CM/ECF system.

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Participants in the case who are registered CM/ECF users will be served by
the CM/ECF system and include: Heather Procter
I further certify that some of the participants in the case are not registered

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CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage

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pre-paid, or have dispatched it to a third party commercial carrier for delivery

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within three calendar days, to the following non-CM/ECF participants:
Roger Randolph
No. 1086077
Lovelock Correctional Center
1200 Prison Rd
Lovelock, NV 89419

/s/ Adam Dunn
An Employee of the
Federal Public Defender

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