Hernandez v. MCDANIEL et al

Filing 280

ORDER granting ECF No. 279 Motion to Extend Time. Respondents will have until and including July 7, 2021, to file their answer. 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 6/7/2021. (Copies have been distributed pursuant to the NEF - SC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 FERNANDO NAVARRO HERNANDEZ, 8 Petitioner, 9 Case No. 3:09-cv-00545-LRH-WGC v. 10 11 ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 279) WILLIAM GITTERE, et al., Respondents. 12 13 14 In this capital habeas corpus action, after an initial 120-day period, a 60-day 15 extension of time, a 45-day extension of time, and another 45-day extension of time, 16 the respondents were due to file an answer by June 7, 2021. See Order entered 17 September 10, 2020 (ECF No. 242) (120 days for answer); Order entered January 7, 18 2021 (ECF No. 248) (60-day extension); Order entered March 10, 2021 (ECF No. 250) 19 (45-day extension); Order entered April 19, 2021 (ECF No. 276) (45-day extension). 20 On June 4, 2021, Respondents filed a motion for extension of time (ECF No. 21 279), requesting a further 30-day extension of time, to July 7, 2021. Respondents’ 22 counsel states that the extension of time is necessary because of a personal family 23 matter. The petitioner does not oppose the motion for extension of time. 24 The Court finds that the motion for extension of time is made in good faith and 25 not solely for the purpose of delay, and that there is good cause for the extension of 26 time requested. 27 /// 28 /// 1 1 IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement 2 of Time (ECF No. 279) is GRANTED. Respondents will have until and including 3 July 7, 2021, to file their answer. 4 IT IS FURTHER ORDERED that, in all other respects, the schedule for further 5 proceedings set forth in the order entered February 20, 2015 (ECF No. 94) will remain 6 in effect. 7 8 DATED this 7th day of June, 2021. 9 10 11 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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