Lavoll v. Howell et al

Filing 16

ORDER granting 15 Motion to Extend Time to File Amended Petition. Amended Petition due by 2/22/2021. Signed by Judge Gloria M. Navarro on 12/23/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-02249-GMN-EJY Document 16 Filed 12/23/20 Page 1 of 4

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Jonathan M. Kirshbaum
Assistant Federal Public Defender
New York State Bar No. 2857100
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Terrance L. Lavoll

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

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Terrance L. Lavoll,
Petitioner,

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v.
Jerry Howell, et al.,
Respondents.

Case No. 2:19-cv-02249-GMN-EJY
Unopposed motion for extension of
time to file First Amended Petition
(First Request)

Case 2:19-cv-02249-GMN-EJY Document 16 Filed 12/23/20 Page 2 of 4

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1.

On June 30, 2020, this Court appointed the Federal Public Defender to

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represent Mr. Lavoll on his 28 U.S.C. § 2254 petition. ECF No. 12. On July 30, 2020,

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undersigned counsel appeared as counsel for Mr. Lavoll. ECF No. 13. On September

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24, 2020, this Court issued a scheduling order setting December 23, 2020, as the due

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for the first amended petition. ECF No. 14.

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2.

Counsel for Mr. Lavoll requests a first extension of time of 61 days to

file the first amended petition to Monday, February 22, 2021.
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Counsel has begun working on Mr. Lavoll’s case. Counsel has spoken to

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Mr. Lavoll about the case and has begun reviewing the record. However, counsel was

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unable to complete the amended petition by the current deadline due to

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administrative responsibilities as a result of the pandemic as well as counsel’s

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workload.

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4.

First,

counsel’s

numerous

administrative

and

managerial

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responsibilities related to his position as Chief of the Non-Capital Habeas Unit has

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interfered with his ability to focus on this case. The current pandemic has placed

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many demands on undersigned counsel’s time. Significantly, over the past month,

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counsel has had to address the changed environment when Governor Sisolak

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instituted the pause. As a result, the physical office for the Federal Public Defender

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closed down. Counsel was responsible for developing the policies and protocols for the

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Non-Capital Habeas Unit as a result of this physical closure. These administrative

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and managerial responsibilities have required a significant time investment, which

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has interfered with undersigned counsel’s ability to dedicate enough time to work on

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his caseload. Undersigned counsel anticipates these responsibilities will continue

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during the entire time the office must work remotely. While working remotely has

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been feasible, there have been routine technological complications, making reviewing

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the record and drafting pleadings complicated. Further, working remotely has been

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challenging due to child-care issues.
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Case 2:19-cv-02249-GMN-EJY Document 16 Filed 12/23/20 Page 3 of 4

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5.

Despite the administrative and managerial responsibilities, counsel has

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retained a significantly large caseload, which increased with the departure of a highly

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experienced attorney in the middle of the year as well as another attorney going on

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leave at the end of October 2020. Over the past three months, counsel has filed,

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among other things, two cert. petitions, a Brief in Opposition in the United States

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Supreme Court, an Amended Petition, an Opening Brief in the Nevada Supreme

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Court, an opposition to a motion to dismiss, a state petition, two motions for a

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certificate of appealability, a Reply, and a lengthy pardons board application. In

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addition, counsel, in his role as supervisor, has had to review dozens of pleadings and

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provide consultation and support on numerous other cases. Moreover, for the past

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three weeks, counsel has been focusing much of his attention on an evidentiary

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hearing in federal court, which occurred on December 18 and 21, 2020.

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6.

For these reasons, counsel is requesting an additional 61 days to file the

first amended petition.

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7.

On December 22, 2020, counsel for respondents, Senior Deputy Attorney

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General Charles L. Finlayson, indicated by email Respondents do not oppose this

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request with the understanding that the lack of objection is not a waiver or concession of

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any kind.

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8.

This motion is not filed for the purpose of delay, but in the interests of

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justice, as well as in the interest of Mr. Lavoll. Counsel for Petitioner respectfully

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requests that this Court grant this motion and order Petitioner to file the First

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Amended Petition no later than February 22, 2021.

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IT IS SO ORDERED

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Dated this ____ day of December,
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___________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

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Case 2:19-cv-02249-GMN-EJY Document 16 Filed 12/23/20 Page 4 of 4

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Dated December 23, 2020.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Jonathan M. Kirshbaum
Jonathan M. Kirshbaum
Assistant Federal Public Defender

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IT IS SO ORDERED.

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Dated this ____ day of December, 2020

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___________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

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