PAUL L. BROWNING VS JACKIE CRAWFORD, et al.

Filing 110

ORDERED that P's # 109 Motion for extension of time is GRANTED. P shall have until and including October 14, 2011, to file and serve a fourth amended petition for writ of habeas corpus. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the # 107 Order entered July 27, 2011 shall remain in effect. IT IS FURTHER ORDERED that the Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden in this action, and shall update the caption of the action to reflect this change. Signed by Chief Judge Robert C. Jones on 9/27/2011. (Copies have been distributed pursuant to the NEF - DRM) Modified on 9/29/2011 for spelling (DRM).

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

PAUL L. BROWNING,
Petitioner,

3:05-CV-0087-RCJ-WGC

vs.

MINUTES OF THE COURT

RENEE BAKER, et al.,

September 27, 2011

Respondents.
_______________________________/

PRESENT:
THE HONORABLE
DEPUTY CLERK:

ROBERT C. JONES
DENNIS M. FARIAS

COUNSEL FOR PETITIONER:

, UNITED STATES DISTRICT JUDGE
REPORTER:

NONE APPEARING

NONE APPEARING

COUNSEL FOR RESPONDENTS:
MINUTE ORDER IN CHAMBERS:

NONE APPEARING
XXX

In this capital habeas corpus action, on May 6, 2011, new counsel appeared in this action
on behalf of the petitioner, Paul L. Browning. On July 25, 2011, the court held a status
conference, and entered a scheduling order (docket #107). Under the scheduling order, petitioner
has until September 30, 2011, to file a fourth amended petition for writ of habeas corpus.
On September 27, 2011, Browning’s counsel filed a motion for extension of time
(docket #109), requesting a 14-day extension of time, to October 14, 2011, to file the fourth
amended petition. Counsel state that they need the additional time to complete the drafting of the
fourth amended petition, and for Browning to review that petition.
The court finds that the motion for extension of time is made in good faith and not solely
for the purpose of delay, and that there is good cause for the requested extension of time. The
court will grant the 14-day extension requested by petitioner.

The court is informed that E.K. McDaniel is no longer the warden of Ely State Prison, the
prison where the petitioner is incarcerated. The court is informed that Renee Baker is now the
warden of that prison. See, e.g., Emil v. Baker, 3:00-cv-0654-KJD-VPC, Motion for Substitution
of Respondent (docket #183), and Minute Order entered September 14, 2011 (docket #185).
Therefore, pursuant to Federal Rule of Civil Procedure 25(d), Renee Baker shall be substituted
for her predecessor, E.K. McDaniel, as the respondent warden in this action.
IT IS THEREFORE ORDERED that petitioner’s motion for extension of time
(docket #109) is GRANTED. Petitioner shall have until and including October 14, 2011, to
file and serve a fourth amended petition for writ of habeas corpus.
IT IS FURTHER ORDERED that, in all other respects, the schedule for further
proceedings set forth in the order entered July 27, 2011 (docket #107) shall remain in effect.
IT IS FURTHER ORDERED that the Clerk of the Court shall substitute Renee Baker
for E.K. McDaniel, on the docket, as the respondent warden in this action, and shall update the
caption of the action to reflect this change.

LANCE S. WILSON, CLERK

By:

2

/s/
Deputy Clerk