Hernandez v. MCDANIEL et al

Filing 233

ORDER that Petitioner's motion for extension of time (ECF No. 232 ) is GRANTED. Petitioner will have until and including June 8, 2020, to respond 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 4/16/2020. (Copies have been distributed pursuant to the NEF - LW)

Case 3:09-cv-00545-LRH-WGC Document 233 Filed 04/16/20 Page 1 of 2

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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. 232)

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WILLIAM GITTERE, et al.,
Respondents.

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

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on December 24, 2019 (ECF No. 224). After a 44-day extension of time, the petitioner,

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Fernando Navarro Hernandez, represented by appointed counsel, was due to respond

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to that motion by April 8, 2020. See Order filed February 27, 2020 (ECF No. 229).

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On April 8, 2020, Hernandez filed a motion for extension of time (ECF No. 232),

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requesting a further 61-day extension of time, to June 8, 2020 (June 7 is a Sunday).

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

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caused by the COVID-19 pandemic. The respondents do not oppose the motion for

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extension of time.

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The Court finds that the motion for extension of time is made in good faith and

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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

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(ECF No. 232) is GRANTED. Petitioner will have until and including June 8, 2020, to

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respond to the motion to dismiss.
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Case 3:09-cv-00545-LRH-WGC Document 233 Filed 04/16/20 Page 2 of 2

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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 16th day of April, 2020.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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