Nika v. McDaniel et al

Filing 128

ORDER GRANTING ECF No. 126 Motion to Extend Time : Response to ECF No. 95 Motion to Dismiss due by 9/9/2016. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered June 18, 2015 (ECF No. 68 ) shall remain in effect. FURTHER ORDERED that petitioner's Motion to Partially Waiver Local Rules IA 10-3(e), 7-3(b), 7-3(c) (ECF No. 127 ) is GRANTED. Local Rules IA 10-3(e) (descriptors of exhibits on cover sheets), 7-3(b) (page limits), and 7-3(c) (motions for leave to exceed page limits) are waived in this action, for all parties. Signed by Judge James C. Mahan on 7/28/2016. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
AVRAM VINETO NIKA,
9
Petitioner,

3:09-cv-00178-JCM-WGC

10
vs.
11
12

ORDER
RENEE BAKER, et al.,
Respondents.

13

/

14
15

In this capital habeas corpus action, the petitioner, Avram Vineto Nika, filed a second

16

amended petition for writ of habeas corpus on August 3, 2015 (ECF No. 73). Respondents then filed

17

a motion to dismiss on May 12, 2016 (ECF No. 95). Nika is due to respond to the motion to dismiss

18

by July 14, 2016. See Order entered June 18, 2015 (ECF No. 68).

19

On July 11, 2016, Nika filed a motion for extension of time (ECF No. 126), requesting an

20

extension of time, to September 9, 2016, for his response to the motion to dismiss, along with any

21

motion for leave to conduct discovery or motion for evidentiary hearing -- a 57-day extension.

22

Nika’s counsel states that the extension of time is necessary because of her other obligations. This

23

would be the first extension of this deadline. Respondents do not oppose the extension of time. The

24

court finds that the motion for extension of time is made in good faith and not solely for the purpose

25

of delay, and that there is good cause for the extension of time requested. The court will grant the

26

extension of time.

1

Nika also filed a motion (ECF No. 127), requesting a waiver, for purposes of this case, for all

2

parties, of Local Rules IA 10-3(e) (cover sheets for exhibits must include descriptors of exhibits), 7-

3

3(b) (page limits), and 7-3(c) (motions for leave to exceed page limits). The court finds that there is

4

good cause for waiver of those rules for purposes of this capital habeas corpus action.

5

IT IS THEREFORE ORDERED that petitioner’s motion for extension of time

6

(ECF No. 126) is GRANTED. Petitioner shall have until and including September 9, 2016, to

7

respond to respondents’ motion to dismiss.

8
9
10

IT IS FURTHER ORDERED that, in all other respects, the schedule for further
proceedings set forth in the order entered June 18, 2015 (ECF No. 68) shall remain in effect.
IT IS FURTHER ORDERED that petitioner’s Motion to Partially Waiver Local Rules IA

11

10-3(e), 7-3(b), 7-3(c) (ECF No. 127) is GRANTED. Local Rules IA 10-3(e) (descriptors of

12

exhibits on cover sheets), 7-3(b) (page limits), and 7-3(c) (motions for leave to exceed page limits)

13

are waived in this action, for all parties.

14
15

July 28, 2016.
Dated this _____ day of April, 2016.

16
17

_________________________________________
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26

2