Randolph v. Baker et al

Filing 67

ORDER Granting 65 Motion to Extend Time to file Response to 62 Motion to Dismiss. Responses due by 11/11/2022. Signed by Judge Richard F. Boulware, II on 9/13/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:18-cv-00449-RFB-VCF Document 67 Filed 09/13/22 Page 1 of 3

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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
(SECOND REQUEST)

Case 2:18-cv-00449-RFB-VCF Document 67 Filed 09/13/22 Page 2 of 3

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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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60 days from September 12, 2022, to and including November 11, 2022. The State,

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by 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 September 12, 2022.

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Counsel travelled to Carson City from July 26-July 27 for a parole hearing. Counsel

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was out of the office on annual leave from July 28th to August 2nd, and August 4th to

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August 6th. In addition, counsel has had the following deadlines and filings: (1) a

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motion to stay in Pritchett v. Gentry, case no: 2:17-cv-01694-JAD-DJA on August 9,

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2022; (2) a motion to stay in Hawkins v. Johnson, case no: 2:20-cv-01852-JAD-VCF

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on August 17, 2022; (3) a state petition in Coca v. State in the Fourth Judicial

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District Court on August 19, 2022; (4) an opposition to motion to dismiss in Allen v.

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Gittere, case no: 3:21-cv-00141-ART-CSD on August 22, 2022; (5) a certificate of

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appealability in Garza v. Hutchings, case no: 22-16082 on August 23, 2022; (6) a

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reply brief to the Ninth Circuit in Kelsey v. Baker, case no: 22-15557 on August 29,

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2022; a (7) a supplemental reply to supplemental answer in Marks v. Johnson, case

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no: 2:17-cv-01413-JCM-BNW on September 1, 2022; (8) an opposition to motion to

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dismiss in Wolff v. Williams, case no: 2:20-cv-00494-JAD-EJY on September 8, 2022.

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ECF No. 62.
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Case 2:18-cv-00449-RFB-VCF Document 67 Filed 09/13/22 Page 3 of 3

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In addition, an attorney who is new to the Federal Public Defender Office will

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be entering a notice of appearance in Randolph’s case. She will need time to review

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Randolph’s case before working on the opposition to motion to dismiss.

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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 60 days

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until November 11, 2022.

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Dated September 12, 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

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IS SO ORDERED:

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______________________________
United States District Judge

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DATED this 13th day of September, 2022.
Dated: ________________________

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