Torrez-Mejia v. Howell et al

Filing 36

ORDER Granting 35 Motion to Extend Time. Answer due 10/23/2020. Signed by Judge Richard F. Boulware, II on 10/11/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:18-cv-00681-RFB-VCF Document 36 Filed 10/11/20 Page 1 of 4

1
2
3
4
5
6
7

AARON D. FORD
Attorney General
GERRI LYNN HARDCASTLE (Bar No. 13142)
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondent

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

VICTOR TORRES-MEJIA,

12

Case No. 2:18-cv-00681-RFB-VCF

Petitioner,

13

vs.

14

RESPONDENTS’ MOTION FOR
ENLARGEMENT OF TIME TO RESPOND
TO PETITION FOR WRIT OF HABEAS
CORPUS (FOURTH REQUEST)

JERRY HOWELL, et al.,

15

Respondent.

16

Respondents, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada,

17

and Gerri Lynn Hardcastle, Deputy Attorney General, move this Court for a two- (2) week enlargement

18

of time, or up to and including Friday, October 23, 2020, to file and serve their response to the petition

19

for writ of habeas corpus of Petitioner, Victor Torrez-Mejia (Torrez-Mejia).

20
21
22
23
24
25
26
27
28

This motion is based on the provisions of Rule 6(b) of the Federal Rules of Civil Procedure and
the attached Declaration of Counsel, as well as all other pleadings and materials on file herein.
This is Respondents’ fourth request for an enlargement of time to respond to Torrez-Mejia’s
petition. Respondents make this motion in good faith and not for the purpose of unnecessary delay.
RESPECTFULLY SUBMITTED this 9th day of October, 2020.
AARON D. FORD
Attorney General
By:

/s/ Gerri Lynn Hardcastle
GERRI LYNN HARDCASTLE (Bar No. 13142)
Deputy Attorney General

-1-

Case 2:18-cv-00681-RFB-VCF Document 36 Filed 10/11/20 Page 2 of 4

1
2
3
4
5
6
7

AARON D. FORD
Attorney General
GERRI LYNN HARDCASTLE (Bar No. 13142)
Deputy Attorney General
State of Nevada
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Respondent

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

VICTOR TORRES-MEJIA,

12

Case No. 2:18-cv-00681-RFB-VCF

Petitioner,

13
14

DECLARATION OF COUNSEL

vs.
JERRY HOWELL, et al.,

15
16
17
18

Respondent.
I, Gerri Lynn Hardcastle, hereby state, based on personal knowledge and/or information and
belief, that the assertions in this declaration are true:
1.

I am a Deputy Attorney General of the Post-Conviction Division of the Nevada Attorney

19

General’s Office, and I make this declaration in support of Respondents’ motion for enlargement of

20

time to respond to Torrez-Mejia’s second amended petition for writ of habeas corpus (fourth request).

21
22
23

2.

By this motion, I am requesting a two- (2-) week enlargement of time, or up to and

including Friday, October 23, 2020, to respond to Torrez-Mejia’s petition.
3.

When I requested a one- (1-) week enlargement of time on October 2, 2020 (ECF No.

24

33), I was overly-optimistic in the amount of time I would need to complete this task and others.

25

Consequently, I am unable to file Respondents’ response by the close of business today, as I thought I

26

would. I am requesting two (2) additional weeks to complete the response in an abundance of caution

27

and to prevent any further expenditure of this Court’s and opposing counsel’s resources with short

28

motions for enlargement of time.
-2-

Case 2:18-cv-00681-RFB-VCF Document 36 Filed 10/11/20 Page 3 of 4

1
2
3
4
5
6
7

4.

I contacted Ron Sung, the Assistant Federal Public Defender representing Torrez-Mejia,

and he does not oppose this enlargement of time.
5.

I am moving for this enlargement of time in good faith and not for the purpose of unduly

delaying the ultimate disposition of this case.
6.

Pursuant to 28 U.S.C. § 1746, I hereby certify, under penalty of perjury, that the

foregoing is true and correct.
EXECUTED this 9th day of October, 2020.

8

By:/s/ Gerri Lynn Hardcastle
GERRI LYNN HARDCASTLE

9
10

IT IS SO ORDERED:

11
12

14

________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

15

DATED this 11th day of October. 2020.

13

16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

Case 2:18-cv-00681-RFB-VCF Document 36 Filed 10/11/20 Page 4 of 4

1

CERTIFICATE OF SERVICE

2

I certify that I am an employee of the Office of the Attorney General and that on this 9th day of

3

October, 2020, I served a copy of the foregoing RESPONDENTS’ MOTION FOR

4

ENLARGEMENT OF TIME TO RESPOND TO PETITION FOR WRIT OF HABEAS

5

CORPUS (FOURTH REQUEST), by U.S. District Court CM/ECF electronic filing to:

6
7
8
9
10

Ron Sung
Assistant Federal Public Defender
744 E. Bonneville Ave. Ste. 250
Las Vegas, Nevada 89101
/s/ Lisa M. Clark

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-