Nika v. McDaniel et al

Filing 193

ORDER that Respondents' Motion for Enlargement of Time (ECF No. 192 ) is GRANTED; Respondents will have until and including August 22, 2019, to respond to the motion to alter or amend the judgment (ECF No. 189 ); Petitioner will have 30 days to reply to Respondents' response to the motion to alter or amend the judgment. Signed by Judge James C. Mahan on 7/26/2019. (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 GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 192)

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WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, the Court entered judgment on

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June 12, 2019, granting the petitioner, Avram Vineto Nika, relief with respect to his

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death sentence, but denying him relief with respect to his murder conviction (ECF Nos.

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186, 187). Then, on July 9, 2019, Nika filed a motion to alter or amend the judgment

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(ECF No. 189). The respondents were due to respond to that motion by July 23, 2019.

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See Local Rule LR 7-2(b) (14 days for response).

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On July 23, 2019, Respondents filed a motion for extension of time (ECF No.

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192), requesting a 30-day extension of time – to August 22, 2019 – to respond to the

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motion to alter or amend the judgment. Respondents’ counsel states that the extension

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of time is necessary because of his obligations in other cases. Nika’s counsel does not

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oppose the motion for extension of time.

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The Court finds that the motion for extension of time is made in good faith and

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not solely for the purpose of delay, and there is good cause for the extension of time.

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The Court will grant Respondents’ motion for extension of time. The Court will also grant

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Nika 30 days to file his reply in support of his motion.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement of

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Time (ECF No. 192) is GRANTED. Respondents will have until and including

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August 22, 2019, to respond to the motion to alter or amend the judgment (ECF No.

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189).

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IT IS FURTHER ORDERED that Petitioner will have 30 days to reply to
Respondents’ response to the motion to alter or amend the judgment.

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July ___ day
DATED THIS26, 2019. of ______________________, 2019.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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