Hernandez v. MCDANIEL et al

Filing 143

ORDER granting ECF No. 142 Petitioner's Motion for Extension of Time to file Reply to ECF No. 133 Motion for Leave to Supplement Third Amended Petition. Reply due by 2/15/2017. Signed by Judge Larry R. Hicks on 02/10/2017. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9

FERNANDO NAVARRO HERNANDEZ,

10

Petitioner,

11

vs.

12

TIMOTHY FILSON, et al.,

13

3:09-cv-00545-LRH-WGC

Respondents.

ORDER

14
15

/
In this capital habeas corpus action, on January 11, 2017, the petitioner, Fernando Navarro

16

Hernandez, filed a motion for leave of court to supplement his third amended petition (ECF No.

17

133). Respondents filed an opposition to that motion on February 1, 2017 (ECF No. 140).

18

Hernandez’s reply, in support of his motion, was then due February 8, 2017. See LR 7-2(b)

19

(7 days for reply in support of motion); see also Fed. R. Civ. P. 6(d) (after December 1, 2016, extra

20

three days is no longer added to time for response after service of document by electronic means).

21

On February 8, 2017, Hernandez filed a motion for extension of time to file his reply (ECF

22

No. 142), requesting an extension to February 15, 2017. Hernandez’s counsel states that the

23

extension of time is necessary because of his work on another case. Respondents do not oppose the

24

motion for extension of time. The court finds that respondents’ motion for extension of time is made

25

in good faith and not solely for the purpose of delay. The court will grant the one-week extension of

26

time, as requested.

1

Counsel states that he does not anticipate filing a motion for a second extension of time.

2

Motion for Extension of Time (ECF No. 142), p. 3. Counsel should take note: the court will not

3

further extend this deadline absent extraordinary circumstances.

4

IT IS THEREFORE ORDERED that petitioner’s Motion for Extension of Time (ECF No.

5

142) is GRANTED. Petitioner shall have until and including February 15, 2017, to file a reply in

6

support of his motion to supplement his third amended petition.

7
8

Dated this 10th day of February, 2017.

9
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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

2