Hernandez v. MCDANIEL et al

Filing 310

ORDER - Respondents' Motion for Enlargement of Time (ECF No. 309 ) is GRANTED. Respondents will have until and including November 28, 2022, to file their amended answer (re ECF No. 221 ). 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 9/6/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:09-cv-00545-LRH-CSD Document 310 Filed 09/06/22 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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v.

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Case No. 3:09-cv-00545-LRH-CSD
ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 309)

WILLIAM REUBART, et al.,
Respondents.

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In this capital habeas corpus action, the Court has ordered the parties to file

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supplemental briefing—an amended answer by Respondents, followed by an amended

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reply by Petitioner Fernando Navarro Hernandez, followed by a response to the

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amended reply by Respondents—in the wake of the Supreme Court’s decision in Shinn

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v. Ramirez, 142 S. Ct. 1718 (2022). See Order entered June 28, 2022 (ECF No. 307).

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Respondents’ amended answer was due August 29, 2022. See id.

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On August 29, 2022, Respondents filed a motion for extension of time (ECF No.

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309), requesting a 91-day extension of time, to November 28, 2022 (November 27 is a

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Sunday), for their amended answer. Respondents’ counsel states that the extension of

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time is necessary because of her obligations in other cases. Hernandez does not

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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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Case 3:09-cv-00545-LRH-CSD Document 310 Filed 09/06/22 Page 2 of 2

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement

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of Time (ECF No. 309) is GRANTED. Respondents will have until and including

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November 28, 2022, to file their amended 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 6th day of September, 2022.

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LARRY R. HICKS,
UNITED STATES DISTRICT JUDGE

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