Nika v. McDaniel et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
AVRAM VINETO NIKA,
Case No. 3:09-cv-00178-JCM-WGC
ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 192)
WILLIAM GITTERE, et al.,
In this capital habeas corpus action, the Court entered judgment on
June 12, 2019, granting the petitioner, Avram Vineto Nika, relief with respect to his
death sentence, but denying him relief with respect to his murder conviction (ECF Nos.
186, 187). Then, on July 9, 2019, Nika filed a motion to alter or amend the judgment
(ECF No. 189). The respondents were due to respond to that motion by July 23, 2019.
See Local Rule LR 7-2(b) (14 days for response).
On July 23, 2019, Respondents filed a motion for extension of time (ECF No.
192), requesting a 30-day extension of time – to August 22, 2019 – to respond to the
motion to alter or amend the judgment. Respondents’ counsel states that the extension
of time is necessary because of his obligations in other cases. Nika’s counsel does not
oppose the motion for extension of time.
The Court finds that the motion for extension of time is made in good faith and
not solely for the purpose of delay, and there is good cause for the extension of time.
The Court will grant Respondents’ motion for extension of time. The Court will also grant
Nika 30 days to file his reply in support of his motion.
IT IS THEREFORE ORDERED 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.
IT IS FURTHER ORDERED that Petitioner will have 30 days to reply to
Respondents’ response to the motion to alter or amend the judgment.
July ___ day
DATED THIS26, 2019. of ______________________, 2019.
JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE
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