Hernandez v. MCDANIEL et al

Filing 291

ORDER - IT IS ORDERED that Petitioner's Motion for Extension of Time (ECF No. 290 ) is GRANTED. Petitioner will have until and including January 25, 2022, to file his reply. IT IS FURTHER ORDERED that, 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 12/2/2021. (Copies have been distributed pursuant to the NEF - SMR)

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. 290)

WILLIAM GITTERE, et al.,
Respondents.

12
13
14

In this capital habeas corpus action, the respondents filed their answer on

15

July 14, 2021 (ECF No. 285). Then, after an initial 45-day period and an 88-day

16

extension of time, the petitioner, Fernando Navarro Hernandez, represented by

17

appointed counsel, was due to file a reply by November 26, 2021. See Order entered

18

February 20, 2015 (ECF No. 94) (45 days for reply); Order entered August 31, 2021

19

(ECF No. 289) (88-day extension).

20

On November 23, 2021, Petitioner filed a motion for extension of time (ECF No.

21

290), requesting a further 60-day extension of time, to January 25, 2022. Petitioner’s

22

counsel states that the extension of time is necessary because of his obligations in

23

other cases. The respondents do 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.

27
28
1

1

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

2

(ECF No. 290) is GRANTED. Petitioner will have until and including January 25, 2022,

3

to file his reply.

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 2nd day of December, 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