Randolph v. Baker et al

Filing 20

ORDER Granting Petitioner's 19 Third Unopposed Motion to Extend Time to File Second Amended Petition. Second Amended Petition due by 4/17/2019. Petitioner's 18 Second Motion to Extend Time is Denied as moot. Signed by Judge Richard F. Boulware, II on 3/19/2019. (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
Unopposed Motion for extension of
time to file second amended
petition
(Third 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 December 17, 2018 to and including

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March 18, 2019.

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Procter to ask whether she objects to this request for an extension. Ms. Procter

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responded that she does not object, though this non-objection is not a waiver of any

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procedural defenses she wishes to raise.

Counsel emailed Senior Deputy Attorney General Heather D.

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Counsel has hired an expert to evaluate Randolph. Counsel has also ordered

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Randolph’s I-file. Once counsel receives Randolph’s I-file (which should be by next

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week), counsel will be able to complete drafting of the petition.

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In addition, Counsel’s schedule and circumstances beyond her control have

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precluded her from meeting the current deadline of March 18, 2019. At the end of

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February, counsel filed a petition for writ of habeas corpus with AEDPA time, which

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required investigation. Additionally, counsel filed an opening brief to the Nevada

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Supreme Court as well as reply brief in the Nevada Supreme Court at the end of

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February. Counsel is currently drafting time-sensitive (because of a new Supreme

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Court case) petitions in state court. Counsel also filed an over-sized reply to answer

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last week. Counsel is also travelling to Reno on March 15, 2019 to meet two new

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clients. Finally, counsel has been out of the office numerous days in March due to

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her own and family members’ illnesses.

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For these reasons, counsel respectfully asks this Court to grant Randolph’s

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request to extend the time for filing an amended petition by 30 days until April 17,

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2019.

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ECF No. 14.

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ECF No. 13.
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527

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Dated March 18, 2019.

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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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IT IS SO ORDERED:
IT IS FURTHER O R DERD THAT [18] MOTION to Extend Time (Second Request) to file
ORDERED
second amended petition re 13 Order on Motion for Leave to File Document
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is denied as moot.
RICHARD F. BOULWARE, II
______________________________
UNITED STATES DISTRICT JUDGE
United States District Judge

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DATED this 19th day of March, 2019.
RICHARD F. BOULWARE, II
Dated: ________________________
UNITED STATES DISTRICT JUDGE
IT IS FURTHER ORDERD THAT [18] MOTION to Extend Time (Second Request) to file
DATED this
second amended petition re 13 Order on19th day for March,to File Document
Motion of Leave 2019.
is denied as moot.

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527

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C E R TI FI C A T E

OF

S E R V I CE

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I hereby certify that on March 18, 2019, I electronically filed the foregoing with

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

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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 D. 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/Jessica Pillsbury
An Employee of the
Federal Public Defender

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527