Hernandez v. MCDANIEL et al

Filing 294

ORDER granting ECF No. 293 Motion for Extension of Time. Petitioner will have until and including March 26, 2022, to file his reply to ECF No. 285 Answer to Amended Habeas Petition. 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 2/1/2022. (Copies have been distributed pursuant to the NEF - HKL)

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Case 3:09-cv-00545-LRH-CSD Document 294 Filed 02/01/22 Page 1 of 2 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-CSD v. 10 11 ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 293) 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, an 88-day extension 16 of time, and a 60-day extension of time, the petitioner, Fernando Navarro Hernandez, 17 represented by appointed counsel, was due to file a reply by January 25, 2022. See 18 Order entered February 20, 2015 (ECF No. 94) (45 days for reply); Order entered 19 August 31, 2021 (ECF No. 289) (88-day extension); Order entered December 2, 2021 20 (ECF No. 291) (60-day extension). 21 On January 25, 2022, Petitioner filed a motion for extension of time (ECF No. 22 293), requesting a further 60-day extension of time, to March 26, 2022. Petitioner’s 23 counsel states that the extension of time is necessary because of his obligations in 24 other cases. The respondents do not oppose the motion for extension of time. 25 The Court finds that the motion for extension of time is made in good faith and 26 not solely for the purpose of delay, and that there is good cause for the extension of 27 time. 28 1 Case 3:09-cv-00545-LRH-CSD Document 294 Filed 02/01/22 Page 2 of 2 1 IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension of Time 2 (ECF No. 293) is GRANTED. Petitioner will have until and including March 26, 2022, to 3 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 1st day of February, 2022. 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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