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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1 2 3 4 5 6 7 8 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 (702) 388-6577 *Attorney for Petitioner Terrance Lavoll 9 10 U NITED S TATES D ISTRICT C OURT D ISTRICT OF N EVADA 11 12 Terrance L. Lavoll, Petitioner, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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) 1 2 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). 3 Counsel has begun working on the response and had an initial conversation 4 with Mr. Lavoll about the response. However, counsel was unable to complete the 5 response due to the complexity of the issues and counsel’s responsibilities at work. 6 The motion to dismiss raises timeliness, exhaustion, and procedural default 7 arguments. The issues are complex and counsel will need to conduct further 8 investigation related to the timeliness issue. 9 Additionally, counsel’s numerous administrative and managerial 10 responsibilities related to his position as Chief of the Non-Capital Habeas Unit have 11 interfered with his ability to complete the response. Over the past few weeks, counsel 12 has had to dedicate a significant amount of time to developing and coordinating the 13 office’s reopening plan. These responsibilities will continue over the next couple of 14 months as the office continues to reopen. Further, counsel has had to train and closely 15 supervise a new attorney as well as continue to supervise three other attorneys who 16 have started within the past eighteen months. Counsel requests the additional 46 17 days due to numerous anticipated responsibilities, both administrative and workload- 18 related, over the next 46 days. These include preparing a presentation for an 19 upcoming conference, drafting two amended petitions, attending two parole hearings, 20 and drafting a request for a certificate of appealability. 21 22 On April 21, 2021, counsel for respondents, Senior Deputy Attorney General Charles L. Finlayson, indicated by email Respondents do not oppose this request. 23 This motion is not filed for the purpose of delay, but in the interests of justice, 24 as well as in the interest of Mr. Lavoll. Counsel for Petitioner respectfully requests 25 that this Court grant this motion and order Petitioner to file the Response to the 26 Motion to Dismiss no later than June 7, 2021. 27 2 1 Dated April 21, 2021. 2 Respectfully submitted, 3 Rene L. Valladares Federal Public Defender 4 5 6 /s/ Jonathan M. Kirshbaum Jonathan M. Kirshbaum Assistant Federal Public Defender 7 8 9 10 IT IS SO ORDERED nunc pro tunc. 11 26 Dated this ____ day of April, 2021 12 13 ___________________________ Gloria M. Navarro, District Judge UNITED STATES DISTRICT COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3

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