Randolph v. Baker et al

Filing 22

ORDER Granting 21 Fourth Motion to Extend Time. Second Amended Petition due by 4/24/2019. Signed by Judge Richard F. Boulware, II on 4/18/2019. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6
7
8

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

9
10

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

11
12

Roger Randolph,
Petitioner,

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

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
(Fourth Request)

1

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

2

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

3

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

4

to file a second amended petition by one week from April 17, 2019 to and including

5

April 24, 2019. Counsel emailed Senior Deputy Attorney General Heather D. Procter

6

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

7

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

8

defenses she wishes to raise.

9

Counsel received Randolph’s I-file earlier today (April 17th).

The I-file is

10

approximately 150 pages. One week should be sufficient time to review it. After that,

11

counsel will be able to complete drafting of the petition.

12

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

13

precluded her from meeting the current deadline of April 17, 2019. Counsel filed an

14

over-sized reply to answer in the U.S. District Court today. Counsel is preparing for

15

an evidentiary hearing on May 7th in the Eighth Judicial District Court. Counsel is

16

currently drafting time-sensitive (because of a new Supreme Court case) petitions in

17

state court.

18

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

19

request to extend the time for filing an amended petition by one week until April 24,

20

2019.

21
22
23
24
25
26
27

1

ECF No. 14.

2

ECF No. 13.
2

527

1

Dated April 17, 2019.

2

Respectfully submitted,

3

Rene L. Valladares
Federal Public Defender

4
5

/s/Kimberly Sandberg
Kimberly Sandberg
Assistant Federal Public Defender

6
7
8
9

IT IS SO ORDERED:

10
11
______________________________
RICHARD F. BOULWARE, II
United States District Judge

12
13
14

April 18, 2019
Dated: ________________________

15
16
17
18
19
20
21
22
23
24
25
26
27
3
527

1

C E R TI FI C A T E

OF

S E R V I CE

2

I hereby certify that on April 17, 2019, I electronically filed the foregoing with

3

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

4

using the CM/ECF system.

5
6
7

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

8

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

9

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

10
11
12
13
14
15

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

16
17
18
19
20
21
22
23
24
25
26
27
4
527