McDonald v. Williams et al

Filing 36

ORDER Granting 35 Motion to Extend Time. Attorney General of the State of Nevada answer due 8/2/2021; Brian Williams answer due 8/2/2021. Signed by Judge Richard F. Boulware, II on 6/4/2021. (Copies have been distributed pursuant to the NEF - JQC)

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1 2 3 4 5 6 7 AARON D. FORD Attorney General Allison Herr (NV Bar No. 5383) Senior Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, NV 89101 (702) 486-3799 (phone) (702) 486-2377 (fax) Attorneys for Respondents 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 CHARLES MCDONALD, 11 Petitioner, 12 13 14 vs. WARDEN BRIAN WILLIAMS, et al., Case No. 2:19-cv-00261-RFB-DJA MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO AMENDED PETITION FOR WRIT OF HABEAS CORPUS (ECF NO. 14) Respondents. (THIRD REQUEST) 15 16 Respondents move this Court for an enlargement of time of sixty-two days from the current due 17 date of Tuesday, June 1, 2021 up to and including Monday, August 2, 2021 in which to file their answer 18 to Petitioner’s Amended Petition for Writ of Habeas Corpus. (ECF No. 14). This motion is made pursuant 19 to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached affidavit 20 of counsel. 21 22 23 24 25 26 27 This is the third enlargement of time sought by Respondents and is brought in good faith and not for the purpose of delay. DATED June 1, 2021. AARON D. FORD Attorney General By: /s/ Allison Herr Allison L. Herr (Bar No. 5383) Senior Deputy Attorney General 28 Page 1 of 4 DECLARATION OF ALLISON HERR 1 2 3 STATE OF NEVADA ) ) ss: COUNTY OF CLARK ) 4 I, Allison Herr, being first duly sworn under oath, depose and state as follows: 5 1. I am an attorney licensed to practice law in all courts within the State of Nevada and am 6 employed as a Senior Deputy Attorney General in the Office of the Nevada Attorney General. I have 7 been assigned to represent Respondents in the case of Charles E. McDonald v. Brian Williams, 2:19-cv- 8 00261-RFB-CWH, and as such, have personal knowledge of the matters contained herein. 2. 9 An answer to the Amended Petition for Writ of Habeas Corpus (ECF No. 14) is currently 10 due on Monday, June 1, 2021. Respondents have been unable to timely complete their answer in this 11 matter and need additional time. Respondents are seeking an extension up to and including Monday, 12 August 2, 2021. 13 3. Despite best efforts I have been unable to timely complete the answer in this matter as I 14 had responses due in two state matters this past week, and an answer due May 28, 2021 in a matter that 15 was on its fifth extension in Malone 2:18-cv-01146. 4. 16 In the next thirty days I have two answering briefs due to the Nevada Supreme Court, an 17 answering brief due to the 9th Circuit, and an evidentiary hearing in federal court, and a motion to dismiss, 18 and two answers due in federal court. This is in addition to counsel’s regular duties responding to state 19 habeas matters. 5. 20 Unfortunately, a number of unique issues arose that led to prior requests for extension, 21 including workload, the unexpected loss of employees, certain Ninth circuit matters, and the medical 22 treatment and the hospitalization of a family member. Further both the staff and attorneys at the Nevada 23 Attorney General’s office remain subject to unpaid furlough through June 30, 2021. Given these issues 24 additional time is necessary for Respondent to complete their answer. 25 6. I have discussed this matter with opposing counsel and he does not object to my request 26 for an extension. 27 /// 28 /// Page 2 of 4 1 7. 2 I declare under penalty of perjury that the foregoing is true and correct. 3 Executed on this 1st day of June 2021. 4 5 This is the third request for an extension. /s/ Allison Herr Allison L. Herr (NV Bar No. 5383) 6 7 IT IS SO ORDERED: 8 9 10 11 12 __________________________ RICHARD F. BOULWARE, II United States District Judge DATED this 4th day of June, 2021. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 4 1 CERTIFICATE OF SERVICE 2 I hereby certify that I electronically filed the foregoing Motion for Extension of Time to File 3 Answer to Petition for Writ of Habeas Corpus (Third Request) with the Clerk of the Court by using the 4 CM/ECF system on June 1, 2021. 5 6 7 8 9 The following participants in this case are registered electronic filing system users and will be served electronically: Ron Y. Sung Assistant Federal Public Defender 411 E. Bonneville Ave., Suite 250 Las Vegas, NV 89101 10 11 /s/ M. Landreth An employee of the Office of the Attorney General 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 4

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