Hernandez v. MCDANIEL et al

Filing 106

ORDER GRANTING # 105 Motion to Extend Time : Answer/response to # 97 Third Amended Petition due 1/21/2016. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the # 94 Order entered February 20, 2015 shall remain in effect. Signed by Judge Larry R. Hicks on 1/13/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FERNANDO NAVARRO HERNANDEZ,

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Petitioner,

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vs.

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3:09-cv-00545-LRH-WGC

RENEE BAKER, et al.,

ORDER
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Respondents.

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The petitioner in this capital habeas corpus action, Fernando Navarro Hernandez, filed a third

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amended habeas petition on June 22, 2015 (ECF No. 97). Respondents’ response to the third

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amended petition was then due on August 24, 2015. See Order entered February 20, 2015

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(ECF No. 94). In an order entered September 28, 2015 (ECF No. 102), the court granted

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respondents a 91-day extension of time, to November 23, 2015, for their response. Then, on

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November 23, 2015, the court granted respondents a further 45-day extension, making respondents’

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response due on January 7, 2016. See Order entered November 23, 2016 (ECF No. 104).

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On January 7, 2016, respondents filed a motion (ECF No. 105), requesting a third extension

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of time for their response to the third amended petition. Respondents request that the deadline for

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their response be extended by another 14 days, to January 21, 2016. Respondents’ counsel states that

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the further extension of time is necessary because of his obligations in other cases. Petitioner does

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not oppose the motion for extension of time.

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The court finds that respondents’ 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 requested extension of time. The

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court will grant the third extension of time.

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The court will not look favorably upon any further request to extend this deadline.

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

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No. 105) is GRANTED. Respondents shall have until and including January 21, 2016, to file an

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answer or other response to petitioner’s third amended petition for writ of habeas corpus.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered February 20, 2015 (ECF No. 94) shall remain in effect.

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Dated this 13th day of January, 2016.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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