Hernandez v. MCDANIEL et al

Filing 160

ORDER granting ECF No. 159 Motion to Extend Time to respond to ECF No. 147 Fourth Amended Petition for Writ of Habeas Corpus. Response/answer due 3/3/2018. Signed by Judge Larry R. Hicks on 12/27/2017. (Copies have been distributed pursuant to the NEF - KW)

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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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TIMOTHY FILSON, et al.,

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3:09-cv-00545-LRH-WGC

Respondents.

ORDER

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In this habeas corpus action, the respondents were to respond to Fernando Navarro

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Hernandez’s fourth amended habeas petition (ECF No. 147) by December 26, 2017. See Order

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entered October 26, 2017 (ECF No. 157).

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On December 26, 2017, respondents filed a motion for extension of time (ECF No. 159),

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requesting an extension of time to January 16, 2017. Respondents’ counsel states that he has been

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extremely busy with other cases, primarily capital habeas corpus cases. Hernandez does not oppose

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the extension of time.

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The Court finds that respondents’ motion for extension of time is made in good faith and not

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solely for the purpose of delay, and that there is good cause for the extension of time requested.

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In light of the litigation in this case over the past several months regarding Hernandez’s motion for

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stay, the complexity of this case, and counsel’s caseload, and to forestall any further motion to

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extend this deadline, the Court will extend to March 3, 2018, the time for respondents to respond to

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the fourth amended petition. The Court will not be inclined to further extend this deadline.

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IT IS THEREFORE ORDERED that respondents’ Motion for Enlargement of Time

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(ECF No. 159) is GRANTED. Respondents will have until March 3, 2018, to file an answer or

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other response to petitioner’s fourth amended petition for writ of habeas corpus.

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DATED this 27th day of December, 2017.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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