Nika v. McDaniel et al

Filing 163

ORDER granting ECF No. 161 Motion for Extension of Time. Petitioner to file reply to Respondents' answer by 3/5/2018; the schedule for further proceedings set forth in the order ECF No. 68 shall remain in effect. Signed by Judge James C. Mahan on 12/14/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 AVRAM VINETO NIKA, 10 Petitioner, 11 vs. 12 TIMOTHY FILSON, et al., 13 3:09-cv-00178-JCM-WGC Respondents. ORDER 14 / 15 16 In this capital habeas corpus action, the petitioner, Avram Vineto Nika, was due to file his 17 reply to the respondents’ answer on December 4, 2017. See Order entered June 18, 2015 (ECF No. 18 68) (reply due 45 days after answer filed). 19 On December 4, 2017, Nika filed a motion for extension of time (ECF No. 161) requesting a 20 91-day extension of time, to March 5, 2018, to file their reply. Nika’s counsel states that the 21 extension of time is necessary because of her responsibilities in other cases, and her administrative 22 responsibilities. 23 The Court finds that Nika’s motion for extension of time is made in good faith and not solely 24 for the purpose of delay, and that there is good cause for the extension of time requested. The Court 25 will grant the motion for extension of time. 26 The Court will not be inclined to further extend this deadline. 1 IT IS THEREFORE ORDERED that petitioner’s Motion for Extension of Time 2 (ECF No. 161) is GRANTED. Petitioner will have until March 5, 2018, to file a reply to 3 respondents’ answer. 4 5 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. 6 7 December 14, 2017. Dated this _____ day of ___________________________, 2017. 8 9 _________________________________________ UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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