Lavoll v. Howell et al

Filing 24

ORDER granting 23 Motion to Extend Time Re: 19 Motion to Dismiss; Responses due by 6/7/2021. Signed by Judge Gloria M. Navarro on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRS)

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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 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 Response to Motion to
Dismiss
(First Request)

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Counsel for Mr. Lavoll requests a first extension of time of 46 days to Monday,
June 7, 2021, to file the response to Respondents’ motion to dismiss (ECF No. 19).

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Counsel has begun working on the response and had an initial conversation

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with Mr. Lavoll about the response. However, counsel was unable to complete the

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response due to the complexity of the issues and counsel’s responsibilities at work.

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The motion to dismiss raises timeliness, exhaustion, and procedural default

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arguments. The issues are complex and counsel will need to conduct further

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investigation related to the timeliness issue.

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Additionally,

counsel’s

numerous

administrative

and

managerial

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

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interfered with his ability to complete the response. Over the past few weeks, counsel

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has had to dedicate a significant amount of time to developing and coordinating the

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office’s reopening plan. These responsibilities will continue over the next couple of

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months as the office continues to reopen. Further, counsel has had to train and closely

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supervise a new attorney as well as continue to supervise three other attorneys who

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have started within the past eighteen months. Counsel requests the additional 46

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days due to numerous anticipated responsibilities, both administrative and workload-

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related, over the next 46 days. These include preparing a presentation for an

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upcoming conference, drafting two amended petitions, attending two parole hearings,

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and drafting a request for a certificate of appealability.

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On April 21, 2021, counsel for respondents, Senior Deputy Attorney General
Charles L. Finlayson, indicated by email Respondents do not oppose this request.

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

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

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that this Court grant this motion and order Petitioner to file the Response to the

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Motion to Dismiss no later than June 7, 2021.

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Dated April 21, 2021.

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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 nunc pro tunc.

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Dated this ____ day of April, 2021

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

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