Hernandez v. MCDANIEL et al

Filing 229

ORDER that Petitioner's Motion for Extension of Time (ECF No. 228 ) is GRANTED. Petitioner will have until and including April 8, 2020, to file a response to the motion to dismiss. 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 2/27/2020. (Copies have been distributed pursuant to the NEF - LW)

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

v.

ORDER GRANTING MOTION FOR
EXTENSION OF TIME
(ECF NO. 228)

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WILLIAM GITTERE, et al.,
Respondents.

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

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Hernandez, represented by appointed counsel, was due on February 24, 2020, to file a

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response to Respondents’ motion to dismiss (ECF No. 224), which was filed on

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December 24, 2019.

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On February 21, 2020, Hernandez filed a motion for extension of time (ECF No.

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228), requesting an extension of time to April 8, 2020 (a 44-day extension).

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Hernandez’s counsel states that the extension of time is necessary because of his

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obligations in other cases and his need to meet with his client before preparing the

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response to the motion to dismiss. This would be the first extension of this deadline.

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Respondents do not oppose the motion for extension of time.

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The Court finds that Hernandez’s motion for extension of time is made in good

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

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extension of time requested.

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IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension of Time

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(ECF No. 228) is GRANTED. Petitioner will have until and including April 8, 2020, to file

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a response to the motion 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

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in effect.

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DATED this 27th day of February, 2020.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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