Hernandez v. MCDANIEL et al

Filing 166

ORDER GRANTING Motion for Extension of Time (ECF No. 165 ) : Response to ECF No. 161 Motion to Dismiss due by 7/3/2018. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 5/3/2018. (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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***

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FERNANDO NAVARRO HERNANDEZ,

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Petitioner, ORDER
v.

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Case No. 3:09-cv-00545-LRH-WGC

TIMOTHY FILSON, et al.,

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Respondents.

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In this capital habeas corpus action, the respondents filed a motion to dismiss

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(ECF No. 161) on March 5, 2018. The petitioner, Fernando Navarro Hernandez, was due

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to respond to that motion by May 4, 2018. See Order entered February 20, 2015 (ECF

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No. 94) (60 days for response to motion to dismiss).

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On May 1, 2018, petitioner filed a motion for an extension of time (ECF No. 165),

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requesting a 60-day extension of time, to July 3, 2018, for his response to the motion to

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dismiss. This would be the first extension of this deadline. Petitioner’s counsel states that

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the extension of time is necessary because he is relatively new to this case, and because

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of his obligations in other cases. Respondents do not oppose the motion for extension of

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time. The Court finds that petitioner’s motion for extension of time is made in good faith

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and not solely for the purpose of delay, and that there is good cause for the extension of

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time requested.

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IT IS THEREFORE ORDERED that petitioner's Motion for Extension of Time (ECF

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No. 165) is GRANTED. Petitioner will have until July 3, 2018, to respond to the motion

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to dismiss.

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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) will remain in

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effect.

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DATED this 3rd day of May, 2018.

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LARRY R. HICKS,
UNITED STATES DISTRICT JUDGE

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