Luis A v. Howell et al

Filing 62

ORDER Granting 61 Motion to Extend Time to File Opposition to 60 Motion to Dismiss. Responses due by 1/24/2022. Signed by Judge James C. Mahan on 1/10/2022. (Copies have been distributed pursuant to the NEF - ABG)

Case 2:18-cv-01073-JCM-DJA Document 62 Filed 01/10/22 Page 1 of 3

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Martin L. Novillo
Assistant Federal Public Defender
Virginia State Bar No. 76997
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Luis A. Urenda-Bustos

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Luis A. Urenda-Bustos,
Petitioner,

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v.
Jerry Howell, et al.,
Respondents.

Case No. 2:18-cv-01073-JCM-DJA
Unopposed Motion for an
Extension of Time in which to file
Opposition to Motion to Dismiss
(ECF No. 60)
(First Request)

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Petitioner Luis A. Urenda-Bustos moves for an extension of time of fourteen

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(14) days, up to and including January 24, 2022, to file his Opposition to Respondents’

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Motion to Dismiss. Respondents do not oppose this request.

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Case 2:18-cv-01073-JCM-DJA Document 62 Filed 01/10/22 Page 2 of 3

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POINTS AND AUTHORITIES
1.

On July 16, 2021, Mr. Urenda-Bustos filed his Fourth Amended Petition

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in this case.1 The filing followed Mr. Urenda-Bustos staying his case and returning

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to state court to exhaust claims.2 On December 27, 2021, Respondents filed a Motion

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to Dismiss.3 For the reasons detailed below, Mr. Urenda-Bustos seeks a fourteen (14)

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day extension, or until January 24, 2022, to file his opposition to Respondents’ motion.

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2.

Undersigned counsel’s duties and responsibilities in other matters, as

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detailed below, prevented him from meeting the current deadline. Undersigned

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counsel has a busy caseload involving both non-capital and capital habeas matters

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currently pending in Nevada and out-of-state district courts for which he is carrying

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on various investigations and research and writing assignments.

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3.

Specifically, counsel had to draft a reply to a motion to dismiss due on

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January 10, 2022 in the non-capital habeas matter Smith v. Howell et al., 20-cv-

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01108-JAD (D. Nev.). In addition, counsel had to review various pleadings due on

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January 10, 2022 in the capital habeas case Biela v. Gittere et al., 20-cv-00026-GMN

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(D. Nev.). Counsel likewise had to research and draft a complex pleading in the out-

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of-district federal capital case United States v. Schlesinger, 18-cr-02719-RCC-BGM

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(D. Ariz.), due on December 29, 2021. Finally, counsel was sick with flu-like

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symptoms during the first week of January 2022, which prevented him from

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undertaking many of his duties.

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4.

This requested extension will permit counsel time to thoroughly and

adequately respond to the arguments raised by the Respondents in their motion. This

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ECF No. 19.
2 See ECF Nos. 44-49.
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ECF No. 60.
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Case 2:18-cv-01073-JCM-DJA Document 62 Filed 01/10/22 Page 3 of 3

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is Urenda-Bustos’ first request for an extension and is not made for the purposes of

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delay, but rather in the interests of justice.

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5.

Finally, the present request for an extension is unopposed. On January

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10, 2022, counsel for Petitioner contacted Deputy Attorney Erica Berrett via email

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concerning this request for an extension of time. Ms. Berrett has no objection to the

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request.

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WHEREFORE, counsel respectfully requests that this Court grant the request

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for an extension of time to file an opposition to Respondents’ motion to dismiss to

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January 24, 2022.

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Dated this 10th day of January, 2022.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Martin L. Novillo

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Martin L. Novillo
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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January 10, 2022
Dated: ________________________

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