Nika v. McDaniel et al

Filing 89

ORDER granting 88 Motion to Extend Time re 73 Amended Petition. Respondents' answers due 3/14/2016. Signed by Judge James C. Mahan on 1/15/2016. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
AVRAM VINETO NIKA,
9
Petitioner,

3:09-cv-00178-JCM-WGC

10
vs.
11
12

ORDER
RENEE BAKER, et al.,
Respondents.

13

/

14
15

In this capital habeas corpus action, the petitioner, Avram Vineto Nika, filed a second

16

amended petition for writ of habeas corpus on August 3, 2015 (ECF No. 73). Respondents were

17

originally due to respond to Nika’s second amended petition by November 13, 2015. See Order

18

entered September 10, 2015 (ECF No. 84). On November 18, 2015, the court granted respondents a

19

60-day extension of time, to January 12, 2016 (ECF No. 86).

20

On January 11, 2016, respondents filed a motion for extension of time (ECF No. 88),

21

requesting a second extension of time for their response -- another 60 days, to March 14, 2016.

22

Respondents’ counsel states that the extension of time is necessary because of personnel changes at

23

the Office of the Attorney General, and because of his obligations in other cases. Petitioner’s

24

counsel does not object.

25
26

The court finds that the motion for extension of time is made in good faith and not solely for
the purpose of delay, and that there is good cause for the extension of time requested.

1

IT IS THEREFORE ORDERED that respondents’ motion for extension of time

2

(ECF No. 88) is GRANTED. Respondents shall have until and including March 14, 2016, to

3

file and serve an answer or other response to petitioner’s second amended habeas petition.

4
5

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.

6
7

Dated this _____15, 2016.
January day of January, 2016.

8
9

_________________________________________
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2