Randolph v. Baker et al

Filing 64

ORDER granting 63 Motion to Extend Time Re: 62 Motion to Dismiss. Responses due by 9/12/2022. Signed by Judge Richard F. Boulware, II on 7/25/2022. (Copies have been distributed pursuant to the NEF - HAM)

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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.
Renee Baker, et al.,
Respondents.

Case No. 2:18-cv-00449-RFB-VCF
Unopposed motion for extension of
time to file an opposition to motion
to dismiss
(First request)

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Petitioner Roger Randolph moves this Court for the entry of an order

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extending the time within which he must file an opposition to motion to dismiss by

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45 days from July 29, 2022, to and including September 12, 2022. The State, by

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Senior Deputy Attorney General Erica Berrett, does not object to this request.

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This motion is not filed for the purposes of delay but in the interests of
justice, as well as in the interests of Randolph.
Respondents filed a renewed motion to dismiss Randolph’s second amended
petition on June 15, 2022.1
Counsel’s schedule and circumstances beyond her control have prevented her

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from drafting Randolph’s opposition to motion to dismiss by July 29, 2022.

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Counsel was out of the office from June 17—June 26, 2022. Counsel also travelled

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to Houston, TX on July 12, 2022, for a client interview on a § 2255 case, and will

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travel to Carson City from July 26-27, 2022 for a parole hearing. Counsel is also

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taking annual leave from July 28—August 3, 2022. In addition, counsel has had the

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following deadlines and filings: (1) a response to opposition to motion to file a second

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amended petition in Allen v. Garrett, case no: 3:22-cv-00176-ART-CSD on June 27,

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2022; (2) motion to stay in Coca v. Baker, 2:20-cv-01494-KJD-DJA on July 15, 2022;

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(3) motion to compel discovery and motion for deposition in the Eighth Judicial

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District Court in Ford v. State on July 21, 2022; (4) reply to State’s post-hearing

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brief in the Second Judicial District Court in Voss v. State on July 22, 2022; (5)

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opposition to motion to dismiss in Eubanks v. Baker, case no: 3:16-cv-00336-MMD-

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CSD on July 22, 2022; (6) motion to stay in Guevara-Pontifies v. Baker, case no:

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3:20-cv-00652-ART-CSD, on July 22, 2022.

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ECF No. 62.
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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 opposition to motion to dismiss by 45 days

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until September 12, 2022.

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Dated July 25, 2022.

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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:

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
______________________________
United
States
Judge
25thDistrict
day of July,
2022.
DATED this

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Dated: ________________________

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