Torrez-Mejia v. Howell et al

Filing 14

ORDER granting 13 Motion to Extend Time to File Amended Petition. Amended Petition due by 2/26/2019. Signed by Judge Richard F. Boulware, II on 10/23/2018. (Copies have been distributed pursuant to the NEF - MMM)

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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 Victor Torres-Mejia

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

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Victor Torres-Mejia,
Petitioner,

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v.
Jerry Howell, et al.,
Respondents.

Case No. 2:18-cv-00681-RFB-VCF
Unopposed motion for extension of
time to file amended petition for
writ of habeas corpus
(First request)

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Petitioner Victor Torres-Mejia moves this Court for the entry of an order

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extending the time within which to file an amended petition for writ of habeas corpus

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by 126 days from October 23, 2018 to and including February 26, 2019. Mr. Torres-

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Mejia’s AEDPA statute of limitations deadline is February 26, 2019. The state, by

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Senior Deputy Attorney General Heather D. Procter does not object to this request,

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though her non-objection does not constitute a waiver of any procedural defenses

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respondents may wish to raise in response to the amended petition including, but not

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limited to, timeliness, procedural default, and questions of exhaustion. Ms. Procter’s

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lack of objection also does not constitute an agreement from her that the AEDPA

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statute of limitations expires on February 26, 2019.

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This is Torres-Mejia’s first request for an extension of time. This motion is not

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filed for the purposes of delay but in the interests of justice, as well as in the interests

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of Torres-Mejia.

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As stated above, counsel has calculated Torres-Mejia’s AEDPA statute of

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limitations deadline to be February 26, 2019. After meeting with Torres-Mejia,

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counsel requested and was assigned an investigator for his case. Counsel intends to

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conduct investigation into Torres-Mejia’s case in the hopes the investigation will yield

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results that counsel will incorporate into the amended petition. The investigation, as

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well as communication with Torres-Mejia, requires an interpreter, which slows the

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process. For these reasons, counsel respectfully asks this Court to grant his request

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to extend the time for filing an amended petition by 126 days until February 26, 2019.

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527

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Dated October 22, 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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IT IS SO ORDERED:

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__________________________
______________________________
RICHARD F. BOULWARE, II
United States District Judge
United States District Court

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October 23, 2018.
Dated: ________________________

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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 October 22, 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 D. Procter.

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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 by First-Class Mail, postage pre-paid, or

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have dispatched it to a third party commercial carrier for delivery within three

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calendar days, to the following non-CM/ECF participants:
Victor Torres-Mejia
No. 1129538
Southern Desert Correctional Center
PO Box 208
Indian Springs, NV 89070

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/s/ Jessica Pillsbury
An Employee of the
Federal Public Defender

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527