Nika v. McDaniel et al

Filing 135

ORDER GRANTING ECF No. 134 Motion to Extend Time : Petitioner shall have until and including October 24, 2016, to file a motion for leave to conduct discovery. IT IS FURTHER ORDERED that, after petitioner files a motion for leave to conduct discovery, respondents shall have 30 days to file their reply in support of their motion to dismiss (ECF No. 95 ), their response to the motion for evidentiary hearing, and their response to the motion for leave to conduct discovery. 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. Signed by Judge James C. Mahan on 10/12/2016. (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,

10

vs.

11

TIMOTHY FILSON, et al.,

12

3:09-cv-00178-JCM-WGC

Respondents.

ORDER

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 filed a

17

motion to dismiss on May 12, 2016 (ECF No. 95). On October 7, 2016, Nika filed an opposition to

18

the motion to dismiss (ECF No. 132), and a motion for evidentiary hearing (ECF No. 133).

19

On October 7, 2016, Nika also filed a motion for an extension of time to file a motion for

20

leave to conduct discovery (ECF No. 134). Under the scheduling order in the case, any such motion

21

was to be filed by the due date for the response to the motion to dismiss, which was October 11,

22

2016. See Order entered September 14, 2016 (ECF No. 130); Order entered June 18, 2016 (ECF No.

23

68). Nika requests that the due date for a motion for leave to conduct discovery be extended to

24

October 24, 2016. Nika’s counsel states that the extension of time is necessary because of her

25

obligations in other cases, and because of pre-planned vacation time. Respondents do not oppose the

26

motion for extension of time.

1

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

2

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

3

grant the extension of time. The court will not be inclined to further extend this deadline.

4

The court will also set a new schedule for the further briefing of the motion to dismiss and

5

the motion for evidentiary hearing, to coordinate that briefing with the briefing of the anticipated

6

motion for leave to conduct discovery.

7

IT IS THEREFORE ORDERED that petitioner’s motion for extension of time (ECF No.

8

134) is GRANTED. Petitioner shall have until and including October 24, 2016, to file a motion for

9

leave to conduct discovery.

10

IT IS FURTHER ORDERED that, after petitioner files a motion for leave to conduct

11

discovery, respondents shall have 30 days to file their reply in support of their motion to dismiss,

12

their response to the motion for evidentiary hearing, and their response to the motion for leave to

13

conduct discovery.

14
15

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.

16
17

Dated this _____12, 2016.
October day of October, 2016.

18
19

_________________________________________
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26

2