Nika v. McDaniel et al

Filing 195

ORDER that Respondents' Motion for Enlargement of Time (ECF No. 194 ) is GRANTED; Respondents will have until and including September 5, 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 8/26/2019. (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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AVRAM VINETO NIKA,

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

Petitioner,
v.

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 194)

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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). After a 30-day extension of time, the respondents were due to respond

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to that motion by August 22, 2019. See Local Rule LR 7-2(b) (14 days for response);

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Order entered July 26, 2019 (ECF No. 193) (30-day extension).

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On August 22, 2019, Respondents filed a motion for extension of time (ECF No.

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194), requesting a second extension of time, this one 14 days, to September 5, 2019.

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Respondents’ counsel states that the extension of time is necessary because of his

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obligations in other cases. Nika’s counsel does not oppose the motion for extension of

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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. Nika will have 30 days

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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. 194) is GRANTED. Respondents will have until and including

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September 5, 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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August 26, 2019.
DATED THIS ___ day of ______________________, 2019.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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