Santiago v. Johnson et al

Filing 90

ORDER granting 89 Motion to Extend Time To File Reply to 83 Answer to Amended Habeas Petition. Replies due by 7/15/2024. Signed by Judge Andrew P. Gordon on 7/8/2024. (Copies have been distributed pursuant to the NEF - MAM)

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1 2 3 4 5 6 7 8 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 (702) 388-6577 Laura_Barrera@fd.org *Attorney for Petitioner Paul Santiago 9 U NITED S TATES D ISTRICT C OURT D ISTRICT OF N EVADA 10 11 Paul Santiago, 12 13 14 15 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 (Third request) 16 17 18 Petitioner Paul Santiago respectfully moves this Court for an extension of time 19 of 7 days, from July 8, 2024, to and including July 15, 2024, in which to file his Reply 20 to the Answer. 21 22 23 24 25 26 POINTS AND AUTHORITIES 1 2 Santiago filed a pro se petition for writ of habeas corpus on or about May 4, 3 2021.1 Counsel filed a first amended protective petition on August 18, 2021.2 Counsel 4 simultaneously sought leave to file a second amended petition, which the Court 5 granted.3 Santiago filed his second amended petition on July 13, 2022.4 Respondents 6 filed their motion to dismiss on January 27, 2023.5 Santiago filed his opposition to 7 the motion to dismiss on May 25, 2023.6 This Court issued its order on the motion on 8 September 25, 2023.7 The Court then dismissed Ground One on October 23, 2023, 9 and ordered Respondents to answer the remaining claims.8 Respondents filed their 10 answer on December 11, 2023.9 Santiago now requests additional time to file his 11 reply. This is the third request for an extension of time. The additional period of time 12 is necessary in order to effectively represent Santiago. This motion is filed in the 13 interests of justice and not for the purpose of unnecessary delay. 14 When this Court granted counsel’s previous request to extend this deadline it 15 cautioned that no further extensions would be granted absent extraordinary 16 circumstances. This short, final extension is warranted due to extraordinary 17 circumstances. Counsel has prioritized this pleading, in addition to a pleading in 18 Mullner v. Johnson, et. al., 2:20-cv-00535-JAD-BNM, also due today and in which the 19 20 21 22 23 24 25 26 ECF No. 1-1 at 1. 2 ECF No. 11. 3 ECF No. 13. 1 ECF No. 27. 5 ECF No. 67. 4 ECF No. 73. 7 ECF No. 77. 8 ECF No. 79. 6 9 ECF No. 83. 2 1 court also cautioned that no more extensions would be given.10 However, counsel has 2 been unable to complete this reply for several reasons. First and foremost, last week 3 a different client unexpectedly required a substantial investment of time due to an 4 emergency. As a result, counsel was forced to spend hours of time that were set aside 5 to work on this pleading on another case. Counsel was unable to complete the reply 6 outside regularly scheduled working hours, despite attempting to do so, due to a lack 7 of childcare during evenings, the Fourth of July holiday, and the weekend, as well as 8 undersigned counsel’s health issues. Undersigned counsel has made significant 9 progress on the reply but requires one additional week to finish it. Counsel respects 10 11 12 13 14 15 this Court’s prior order and does not anticipate needing any further extensions. On July 8, 2024, counsel for Respondents, Deputy Attorney General Michael Shaffer, indicated by email that Respondents do not oppose this request. For the above stated reasons, Santiago respectfully requests this Court grant a final extension of 7 days and order the reply to be filed on or before July 15, 2024. Dated July 8, 2024. 16 Respectfully submitted, 17 18 Rene L. Valladares Federal Public Defender 19 /s/ Laura Barrera 20 IT IS SO ORDERED: 21 July 8, 2024 Dated:__________________ Laura Barrera Assistant Federal Public Defender 22 ________________________ ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 23 24 25 26 Since the last request for an extension on May 9, 2024, counsel has also filed an amended petition, an opening brief, a reply, and a request for a certificate of appealability, among other pleadings, in other cases, all of which had been extended more than once due to counsel’s maternity leave. Counsel continues to make every effort to catch up as quickly as possible on an inordinate number of deadlines due to maternity leave. 10 3

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