Hernandez v. MCDANIEL et al

Filing 220

ORDERED that Petitioner's motion for extension of time (ECF No. 219 ) is GRANTED. Petitioner will have until and including October 11, 2019, to file his fifth amended habeas petition. In all other respects, the schedule for further pr oceedings set forth in the order entered September 27, 2019 (ECF No. 218 ) and the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 10/3/2019. (Copies have been distributed pursuant to the NEF - DRM) Modified on 10/3/2019 to correct spelling (DRM).

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FERNANDO NAVARRO HERNANDEZ,

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

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Petitioner,
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v.

ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 219)

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8 WILLIAM GITTERE, et al.,
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Respondents.

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In this capital habeas corpus action, the petitioner, Fernando Navarro

13 Hernandez, represented by appointed counsel, is due to file a fifth amended habeas
14 petition by October 7, 2019. See Order entered September 27, 2019 (ECF No. 218).
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On October 2, 2019, Hernandez filed a motion for extension of time (ECF No.

16 219), requesting a 4-day extension of time, to October 11, 2019, to file his fifth amended
17 petition. Hernandez’s counsel states that the extension of time is necessary because of
18 his obligations in other cases and time away from his office. This would be the first
19 extension of this deadline. The respondents do not oppose the motion for extension of
20 time.
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The Court finds that Hernandez’s motion for extension of time is made in good

22 faith and not solely for the purpose of delay, and that there is good cause for the
23 extension of time requested.

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IT IS THEREFORE ORDERED that Petitioner’s motion for extension of time

2 (ECF No. 219) is GRANTED. Petitioner will have until and including October 11, 2019,
3 to file his fifth amended habeas petition.
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IT IS FURTHER ORDERED that, in all other respects, the schedule for further

5 proceedings set forth in the order entered September 27, 2019 (ECF No. 218) and the
6 order entered February 20, 2015 (ECF No. 94) will remain in effect.
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8 DATED this 3rd day of October, 2019.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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