Santiago v. Johnson et al

Filing 88

ORDER granting 87 Motion to Extend Time. Replies due by 7/8/2024. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Andrew P. Gordon on 5/10/2024. (Copies have been distributed pursuant to the NEF - MAM) Modified on 5/10/2024 (JRB).

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Laura Barrera
Assistant Federal Public Defender
Michigan State Bar No. P80957
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Paul Santiago

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

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Paul Santiago,

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Petitioner,
v.
State of Nevada,
Respondent.

Case No. 2:21-cv-00896-APG-NJK
Unopposed motion for extension of
time in which to file Reply to
Answer
(Second request)

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Petitioner Paul Santiago respectfully moves this Court for an extension of time

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of 60 days, from May 9, 2024, to and including July 8, 2024, in which to file his Reply

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to the Answer.

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POINTS AND AUTHORITIES

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Mr. Santiago filed a pro se petition for writ of habeas corpus on or about May

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4, 2021.1 Counsel filed a First Amended Protective Petition on August 18, 2021.2

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Counsel simultaneously sought leave to file a Second Amended Petition, which the

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Court granted.3 Mr. Santiago filed his Second Amended Petition on July 13, 2022.4

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Respondents filed their Motion to Dismiss on January 27, 2023.5 Mr. Santiago filed

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his Opposition to the Motion to Dismiss on May 25, 2023.6 This Court issued its order

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on the Motion on September 25, 2023.7 The Court then dismissed Ground One on

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October 23, 2023, and ordered Respondents to answer the remaining claims.8

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Respondents filed their Answer on December 11, 2023.9 Mr. Santiago now requests

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additional time to file his Reply. This is the second request for an extension of time.

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The additional period of time is necessary in order to effectively represent Mr.

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Santiago. This motion is filed in the interests of justice and not for the purpose of

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unnecessary delay.

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The extension is needed due to undersigned counsel’s additional case-related

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obligations since the previous extension request. These include drafting a Reply in

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Emanuel, Jr. v. Neven, 2:16-cv-1368-GMN-EJY; a DNA Petition in Pineda v. Gittere,

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08C248583; a settlement letter in Emanuel v. Collins, et al., 3:20-cv-00566-RCJ-CLB;

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and a Reply Brief in Orduna v. Garrett, 23-15313, among other pleadings. Counsel

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ECF No. 1-1 at 1.
2 ECF No. 11.
3 ECF No. 13.
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ECF No. 27.
5 ECF No. 67.
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ECF No. 73.
7 ECF No. 77.
8 ECF No. 79.
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ECF No. 83.
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also spent substantial time preparing for an evidentiary hearing in Durr v. Warden,

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A-23-873441-W, on April 17, 2024, and a settlement conference in Emanuel v. Collins,

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et al., 3:20-cv-00566-RCJ-CLB, on April 24, 2024. In addition, counsel has had several

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prison visits, and was on leave from April 29 to May 10.

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On May 9, 2024, counsel for Respondents, Deputy Attorney General Michael
Shaffer, indicated by email that Respondents do not oppose this request.

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For the above stated reasons, Mr. Santiago respectfully requests this Court

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grant an extension of time of 60 days and order the Reply to be filed on or before July

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8, 2024.

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Dated May 9, 2024.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/ Laura Barrera

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Laura Barrera
Assistant Federal Public Defender

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ORDER

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The extension is granted, but no further extensions will be granted absent

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extraordinary circumstances.

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IT IS SO ORDERED:

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May 10, 2024
Dated:__________________

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________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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