Bynoe v. Helling et al

Filing 104

ORDER granting ECF No. 103 Motion to Extend Time : Answer/response to ECF No. 98 Second Amended Peititon due by 8/17/2022. Signed by Judge Larry R. Hicks on 8/9/2022. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:07-cv-00009-LRH-CLB Document 104 Filed 08/09/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MICHAEL BRUCE BYNOE, 11 12 13 14 15 Case No. 3:07-cv-00009-LRH-CLB Petitioner, ORDER GRANTING UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO SECOND AMENDED PETITION (ECF NO. 98) vs. PERRY RUSSELL, WARDEN, et al., Respondent(s). (THIRD REQUEST) 16 Respondents move this Court for an enlargement of time of 30 days from the current due date of 17 July 18, 2022, up to and including August 17, 2022, in which to file their Response to Petitioner Michael 18 Bruce Bynoe’s Second Amended Petition for Writ of Habeas Corpus (ECF No. 98). This Motion is made 19 pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached 20 declaration of counsel. This is the third enlargement of time sought by Respondents, and the request is 21 brought in good faith and not for the purpose of delay. 22 DATED: July 18, 2022. 23 Submitted by: 24 AARON D. FORD Attorney General 25 26 27 By: /s/ Jaimie Stilz Jaimie Stilz (Bar. No. 13772) Deputy Attorney General 28 Page 1 of 2 Case 3:07-cv-00009-LRH-CLB Document 104 Filed 08/09/22 Page 2 of 2 DECLARATION OF JAIMIE STILZ 1 2 I, JAIMIE STILZ, being first duly sworn under oath, depose and state as follows: 3 1. I am an attorney licensed to practice law in all courts within the State of Nevada, and am 4 employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I am assigned to 5 represent Respondents in Michael Bruce Bynoe v. Perry Russell, Warden, et al., Case No. 3:07-cv-00009- 6 LRH-CLB, and as such, have personal knowledge of the matters contained herein. 7 8 2. This is my third request for an extension to file the Response to the Second Amended Petition (ECF No. 98), and this Motion is made in good faith and not for the purpose of delay. 9 3. The Response to the Second Amended Petition is currently due on July 18, 2022. 10 4. I am unable with due diligence to timely complete the Response herein. I recently came 11 down with the COVID-19 illness and was completely out of commission as a result. Additionally, I am 12 still attempting to manage other significant on-going personal/medical issues. I have been diligently 13 striving to resolve and/or work around these issues but they have significantly impacted my ability to 14 complete the Response in a timely fashion, thus necessitating an extension. 15 16 5. In seeking this extension, I am taking into consideration additional obligations and deadlines for both myself and my supervising senior colleague. 17 6. I have spoken to counsel for Bynoe, and he does not oppose this request. 18 7. Based on the foregoing, I respectfully request an enlargement of time of 30 days, up to 19 and including August 17, 2022, to file the Response to the Second Amended Petition (ECF No. 98). 20 I declare under penalty of perjury that the foregoing is true and correct. 21 Executed on this 18th day of July 2022. 22 23 24 25 26 27 28 /s/ Jaimie Stilz Jaimie Stilz (Bar No. 13772) Deputy Attorney General IT IS SO ORDERED: _________________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE August 9, 2022 __________________________________ DATED Page 2 of 2

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