Nika v. McDaniel et al

Filing 165

ORDER granting ECF No. 164 Motion for Extension of Time to file reply to ECF No. 160 Answer to Amended Habeas Petition. Reply due by 3/26/2018. In all other respects, the schedule for further proceedings set forth in the order ECF No. 68 shall remain in effect. Signed by Judge James C. Mahan on 3/8/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AVRAM VINETO NIKA,

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Petitioner,

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vs.

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TIMOTHY FILSON, et al.,

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3:09-cv-00178-JCM-WGC

Respondents.

ORDER

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/

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In this capital habeas corpus action, after a 91-day extension of time, the petitioner,

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Avram Vineto Nika, was due to file his reply to the respondents’ answer on March 5, 2018. See

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Order entered June 18, 2015 (ECF No. 68) (reply due 45 days after answer filed); Order entered

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December 14, 2017 (ECF No. 163) (91-day extension of time).

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On March 5, 2018, Nika filed a motion for extension of time (ECF No. 164) requesting a

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further 21-day extension, to March 26, 2018, to file their reply. Nika’s counsel states that the

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extension of time is necessary because of her responsibilities in other cases, as well as medical

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issues. Respondents do not oppose the extension of time. The Court finds that Nika’s motion for

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extension of time is made in good faith and not solely for the purpose of delay, and that there is good

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cause for the extension of time requested. The Court will grant the motion for extension of time.

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The Court will not be inclined to further extend this deadline.

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IT IS THEREFORE ORDERED that petitioner’s Motion for Extension of Time

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(ECF No. 164) is GRANTED. Petitioner will have until March 26, 2018, to file a reply to

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respondents’ answer.

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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.

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Dated March 8, 2018. ___________________________, 2018.
this _____ day of

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_________________________________________
UNITED STATES DISTRICT JUDGE

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