Nika v. McDaniel et al

Filing 182

ORDER - IT IS THEREFORE ORDERED that the respondents' Motion for Enlargement of Time (ECF No. 180 ) is GRANTED. Respondents' Response to Reply (ECF No. 181 ) will be treated as timely filed. IT IS FURTHER ORDERED that the deadline for the petitioner to file a reply in support of his motion for discovery (ECF No. 166 ) and a reply in support of his motion for evidentiary hearing (ECF No. 168 ) October 4, 2018 (see Order entered September 6, 2018 (ECF No. 179 )) remains in effect. Signed by Judge James C. Mahan on 9/19/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AVRAM VINETO NIKA,

Case No. 3:09-cv-00178-JCM-WGC
Petitioner,

v.

ORDER

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TIMOTHY FILSON, et al.,
Respondents.

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In this capital habeas corpus action, the respondents were due to file their

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response to the petitioner’s reply by September 13, 2018. See Order entered September

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6, 2018 (ECF No. 179). Respondents filed the response to the reply about one hour late,

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just before 1:00 a.m. on September 14, 2018 (ECF No. 181). Respondents filed, with their

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response to reply, a motion for extension of time, seeking the Court’s approval of the tardy

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filing (ECF No. 180).

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In the motion for extension of time, Respondents’ counsel states that he worked

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diligently to get the response to reply filed by the deadline but was unable to do so. The

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Court finds that Respondents have shown excusable neglect for the slightly late filing.

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See LR 26-4.

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IT IS THEREFORE ORDERED that the respondents’ Motion for Enlargement of

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Time (ECF No. 180) is GRANTED. Respondents’ Response to Reply (ECF No. 181) will

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be treated as timely filed.
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IT IS FURTHER ORDERED that the deadline for the petitioner to file a reply in

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support of his motion for discovery (ECF No. 166) and a reply in support of his motion for

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evidentiary hearing (ECF No. 168) – October 4, 2018 (see Order entered September 6,

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2018 (ECF No. 179)) – remains in effect.

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September 19, 2018.
DATED THIS ___ day of ______________________, 2018.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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