Hernandez v. MCDANIEL et al

Filing 191

ORDER that Respondents' Motion for Enlargement of Time ECF No. 189 is GRANTED nunc pro tunc; Respondents' response to ECF No. 186 Motion for Reconsideration is due by 4/19/2019. Signed by Judge Larry R. Hicks on 4/8/2019. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 FERNANDO NAVARRO HERNANDEZ, 10 Petitioner, 11 Case No. 3:09-cv-00545-LRH-WGC v. ORDER 12 13 14 15 WILLIAM GITTERE, et al., Respondents. In this capital habeas corpus action, on February 4, 2019, the Court ruled on the 16 respondents’ motion to dismiss (ECF No. 161) and dismissed certain of the claims of 17 the petitioner, Fernando Navarro Hernandez. See Order entered February 4, 2019 (ECF 18 No. 184). On March 1, 2019, Hernandez filed a motion for reconsideration (ECF No. 19 186), seeking reconsideration of the February 4 order. After a 21-day extension of time 20 (ECF No. 188), Respondents’ response to the motion for reconsideration was due on 21 April 5, 2019. 22 On April 5, 2019, Respondents filed a motion for extension of time (ECF No. 23 189), requesting a second extension of time for their response to the motion for 24 reconsideration; Respondents request another 14 days, to April 19, 2019. Respondents’ 25 counsel states that the extension of time is necessary because of his responsibilities in 26 other cases. Hernandez does not oppose the motion for extension of time. The Court 27 finds that the motion for extension of time is made in good faith and not solely for the 28 1 1 purposed of delay, and there is good cause for the extension of time. The Court will 2 grant the extension of time that Respondents’ request. 3 4 IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement 5 of Time (ECF No. 189) is GRANTED, nunc pro tunc. Respondents will have until and 6 including April 19, 2019, to respond to the petitioner’s motion for reconsideration (ECF 7 No. 186). 8 9 DATED this 8th day of April, 2019. 10 LARRY R. HICKS, UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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