Alegria v. State of Nevada et al

Filing 12

ORDER Granting 10 , 11 Motion to Extend Time. Payment of filing fees due 3/7/2025. Amended Petition due by 5/28/2025. See Order for Details. Signed by Judge Cristina D. Silva on 3/3/2025. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 Alexis Alegria,

Case No. 2:24-cv-01868-CDS-NJK
Petitioner

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6 v.

7 Nevada Attorney General, et al.,
Respondents

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Order Granting Petitioner’s Motions for
Enlargement of Time

[ECF Nos. 10, 11]

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In this habeas corpus action, after a 30-day extension of time, the petitioner, Alexis

11 Alegria, represented by appointed counsel, had until February 12, 2025, to either pay the filing fee
12 or file an application to proceed in forma pauperis. ECF Nos. 7, 9. On February 12, Alegria filed a
13 motion for extension of time, requesting a further extension of this deadline to March 7, an
14 extension of twenty-three days. ECF No. 10. Alegria’s counsel indicates that this will be the last motion to
15 extend this deadline. Id. at 2. I find that this motion for extension of time is made in good faith and not
16 solely for the purpose of delay, and that there is good cause for the requested extension of time. I
17 will grant the requested extension of time. However, I will not be inclined to further extend this deadline.
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Also, Alegria was due to file a counseled amended habeas petition by February 27, 2025.

19 ECF No. 7. On February 27 Alegria filed a motion for extension of time, requesting a ninety-day
20 extension of that deadline, to May 28, 2025. Counsel states that this extension is necessary
21 because of their need to meet with Alegria, because of obligations in other cases, and because of
22 anticipated medical leave. I find that this motion for extension of time is made in good faith and
23 not solely for the purpose of delay, and that there is good cause for the requested extension of time.
24 I will grant this extension of time. In granting this extension of time—or any extension of time—I
25 do not mean to affect in any manner, or comment upon, the operation of any applicable statute of
26 limitations.
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I therefore order that petitioner’s motion for enlargement of time to pay filing fee [ECF

2 No. 10] is GRANTED. Petitioner will have until and including March 7, 2025, to either pay the
3 $5 filing fee or file an application to proceed in forma pauperis.
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I further order that petitioner’s motion for enlargement of time in which to file

5 petitioner’s first amended § 2254 petition [ECF No. 11] is GRANTED. Petitioner will have until
6 and including May 28, 2025, to file an amended habeas petition. In all other respects, the
7 schedule for further proceedings set forth in the order entered November 27, 2024 (ECF No. 7)
8 remains in effect.
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Dated: March 3, 2025
Cristina D. Silva
United States District Judge

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