Peter Quinn Elvik VS Don Bunce, et al.

Filing 140

ORDER that 139 Motion for an Extension of 180 days, to and including 9/26/17, in which to Commence Jury Selection in the Re-Trial is GRANTED. Signed by Chief Judge Gloria M. Navarro on 1/25/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 10 PETER QUINN ELVIK, 11 Petitioner, 12 vs. 13 DON BUNCE, et al., 14 Case No. 3:04-cv-00471-GMN-WGC Respondents. ORDER 15 16 This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, by a 17 Nevada state prisoner represented by counsel. This Court previously granted a conditional writ of 18 habeas corpus, consistent with the terms set forth in the Court’s order of December 3, 2015. (ECF 19 Nos. 100 &101). The order gave the State of Nevada 120 days to commence jury selection in the re20 trial, following the filing of the notice of election to retry petitioner. (Id.). Following appeal 21 proceedings, on November 30, 2016, respondents filed a notice of intent to retry petitioner, 22 triggering the deadline for initiating a new trial. (ECF No. 138). The current deadline for 23 commencing jury selection is March 30, 2017. Respondents have filed a motion for an extension of 24 180 days, to and including September 26, 2017, to commence jury selection in the re-trial. 25 Petitioner’s counsel do not oppose the motion. Having reviewed the motion and good cause 26 appearing, respondents’ motion is granted. 27 28 1 IT IS THEREFORE ORDERED that respondents’ motion for an extension of 180 days, to 2 and including September 26, 2017, in which to commence jury selection in the re-trial (ECF No. 3 139) is GRANTED. 4 25 Dated this ______ day of January, 2017. 5 6 7 Gloria M. Navarro, Chief Judge United States District Court 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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