Hernandez v. MCDANIEL et al

Filing 172

ORDER granting ECF No. 171 Motion for Enlargement of Time to file reply in support of ECF No. 161 Motion to Dismiss and response to ECF No. 167 Motion for Evidentiary Hearing. Reply/Response due by 8/9/2018. Responses due by 8/9/2018. Signed by Judge Larry R. Hicks on 8/2/2018. (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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***

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FERNANDO NAVARRO HERNANDEZ,

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

Petitioner, ORDER
v.
TIMOTHY FILSON, et al.,
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, filed an

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opposition to the motion to dismiss (ECF No. 168), and a motion for evidentiary hearing

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(ECF No. 167), on July 3, 2018. Respondents were then due to file a reply in support of

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the motion to dismiss, and a response to the motion for evidentiary hearing, by August 2,

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2018. See Order entered February 20, 2015 (ECF No. 94).

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On August 2, 2018, Respondents filed a motion for an extension of time (ECF No.

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171), requesting a 7-day extension of time, to August 9, 2018, for their reply in support of

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their motion to dismiss, and their response to the motion for evidentiary hearing. This

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would be the first extension of this deadline. Respondents’ counsel states that the

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extension of time is necessary because of his obligations in other cases. The petitioner

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does not oppose the motion for extension of time. The Court finds that Respondents’

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motion for extension of time is made in good faith and not solely for the purpose of delay,

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and that there is good cause for the extension of time requested.
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IT IS THEREFORE ORDERED that respondents’ Motion for Enlargement of Time

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(ECF No. 171) is GRANTED. Respondents will have until August 9, 2018, to file a reply

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in support of their motion to dismiss, and a response to the motion for evidentiary hearing.

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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 2nd day of August, 2018.

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LARRY R. HICKS,
UNITED STATES DISTRICT JUDGE

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