Rivera v. State of Nevada
Filing
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ORDER Granting 16 Motion to Extend Time (First Request) to File Second Amended Petition re 14 Order. Amended Petition due by 2/24/2025. In all other respects, the schedule for further proceedings set forth in the order entered October 25, 2024 (ECF No. 14 ) remains in effect. Signed by Judge Richard F. Boulware, II on 1/26/2025. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - ALZ)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ARTURO RIVERA,
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Petitioner,
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v.
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WILLIAM GITTERE, et al.,
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Respondents.
Case No. 2:24-cv-01072-RFB-BNW
ORDER
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In this habeas corpus action, the petitioner, Arturo Rivera, represented by appointed
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counsel, was to file a second amended habeas petition by January 23, 2025. See ECF No. 14
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(second amended petition due 90 days after scheduling order entered on October 25, 2024). On
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January 22, Rivera filed a motion for extension of time (ECF No. 16) requesting a 30-day
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extension, which would in fact extend the due date for the second amended petition by 32 days, to
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February 24, as February 22 is a Saturday. This would be the first extension of this deadline.
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Rivera’s counsel states that the extension is necessary to adequately investigate Rivera’s case.
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Rivera’s counsel represents that Respondents do not oppose the motion for extension of time. The
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Court finds that the motion for extension of time is made in good faith and not solely for the
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purpose of delay, and that there is good cause for the requested extension of time. The Court will
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grant the motion for extension of time.
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In granting this motion for extension of time, or any motion for extension of time to file an
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amended habeas petition, the Court makes no comment on, and does not intend to affect in any
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manner, the operation of any applicable statute of limitations.
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IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension of Time (ECF
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No. 16) is GRANTED. Petitioner will have until and including February 24, 2025, to file a second
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amended petition for writ of habeas corpus. In all other respects, the schedule for further
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proceedings set forth in the order entered October 25, 2024 (ECF No. 14) remains in effect.
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DATED: January 26, 2025
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RICHARD F. BOULWARE, II,
UNITED STATES DISTRICT JUDGE
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