Hernandez v. MCDANIEL et al

Filing 276

ORDER granting ECF No. 251 Motion to Extend Time re ECF No. 221 Fifth Amended Petition. Respondents' answers due 6/7/2021. Signed by Judge Larry R. Hicks on 4/19/2021. (Copies have been distributed pursuant to the NEF - KR)

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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.

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ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 251)

WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, after a 60-day extension of time and a 45-

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day extension of time, the Respondents were due to file an answer by April 23, 2021.

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See Order entered September 10, 2020 (ECF No. 242) (120 days for answer); Order

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entered January 7, 2021 (ECF No. 248) (60-day extension); Order entered March 10,

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2021 (ECF No. 250) (45-day extension).

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On April 14, 2021, Respondents filed a motion for extension of time (ECF No.

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251), requesting a further 45-day extension of time, to June 7, 2021. Respondents’

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counsel states that the extension of time is necessary because of personal family and

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medical matters. The Petitioner does not oppose the motion for 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 Respondents’ Motion for Enlargement

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of Time (ECF No. 251) is GRANTED. Respondents will have until and including

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June 7, 2021, to file their answer.
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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 19th day of April, 2021.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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