Hernandez v. MCDANIEL et al

Filing 314

ORDER granting 313 Motion to Extend Time; Amended answer due 03/13/23. In all other respects the schedule entered at ECF No. 94 remains in effect. Deadline set in Habeas Corpus case for 3/13/2023. Signed by Judge Larry R. Hicks on 1/26/2023. (Copies have been distributed pursuant to the NEF - LG)

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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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WILLIAM REUBART, et al.,

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Respondents.

Case No. 3:09-cv-00545-LRH-CSD
ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 313)

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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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Following a 60-day initial period (see Order entered June 28, 2022 (ECF No. 307)), a

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91-day extension of time (see Order entered September 6, 2022 (ECF No. 310)), and a

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60-day extension of time (see Order entered November 29, 2022 (ECF No. 312)),

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Respondents’ amended answer was due on January 27, 2023.

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On January 25, 2023, Respondents filed a motion for extension of time (ECF

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No. 313), requesting a further 45-day extension of time, to March 13, 2023, for their

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amended answer. Respondents’ counsel states that this extension of time is necessary

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because of her obligations in other cases and “personal health concerns.” Respondents’

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counsel states that Hernandez, who is represented by appointed counsel, 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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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement

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of Time (ECF No. 313) is GRANTED. Respondents will have until and including

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March 13, 2023, 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 26th day of January, 2023.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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