Hernandez v. MCDANIEL et al

Filing 327

ORDER - IT IS THEREFORE ORDERED that Respondents Motion for Extension of Time (ECF No. 326 ) is GRANTED. Respondents will have until and including October 27, 2023, to file their responses to Petitioner's amended reply (ECF No. 322 ), motion for leave to conduct discovery (ECF No. 324 ), and motion for evidentiary hearing (ECF No. 325 ).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 9/14/2023. (Copies have been distributed pursuant to the NEF - DLS)

Case 3:09-cv-00545-LRH-CSD Document 327 Filed 09/14/23 Page 1 of 2

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7

FERNANDO NAVARRO HERNANDEZ,

8

Petitioner,

9

v.

10

WILLIAM GITTERE, et al.,

11

Respondents.

Case No. 3:09-cv-00545-LRH-CSD
ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 326)

12
13

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

14

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

15

Petitioner Fernando Navarro Hernandez, and a response to the amended reply by

16

Respondents—in the wake of the Supreme Court’s decision in Shinn v. Ramirez, 142 S.

17

Ct. 1718 (2022). See Order entered June 28, 2022 (ECF No. 307). Respondents filed

18

their amended answer on March 17, 2023 (ECF No. 317). Hernandez filed his amended

19

reply on August 14, 2023 (ECF No. 322). On August 14, 2023, Hernandez also filed a

20

motion for leave to conduct discovery (ECF No. 324), and a motion for evidentiary hearing

21

(ECF No. 325). Respondents were then due to respond to the amended reply, the motion

22

for leave to conduct discovery, and the motion for evidentiary hearing, by September 13,

23

2023. See Order entered February 20, 2015 (ECF No 94) (30 days for response to reply;

24

responses to motions to be filed with response to reply).

25

On September 13, 2023, Respondents filed a motion for extension of time (ECF

26

No. 326), requesting a 44-day extension of time, to October 27, 2023, for their responses

27

to Hernandez’s amended reply, motion for leave to conduct discovery, and motion for

28

evidentiary hearing. Respondents’ counsel states that this extension of time is necessary
1

Case 3:09-cv-00545-LRH-CSD Document 327 Filed 09/14/23 Page 2 of 2

1

because of her obligations in other cases and her administrative responsibilities at the

2

Office of the Nevada Attorney General. Respondents’ counsel states that Hernandez,

3

who is represented by appointed counsel, does not oppose the motion for extension of

4

time.

5

The Court finds that Respondents’ motion for extension of time is made in good

6

faith and not solely for the purpose of delay, and that there is good cause for the requested

7

extension.

8

IT IS THEREFORE ORDERED that Respondents’ Motion for Extension of Time

9

(ECF No. 326) is GRANTED. Respondents will have until and including October 27,

10

2023, to file their responses to Petitioner’s amended reply, motion for leave to conduct

11

discovery, and motion for evidentiary hearing.

12

IT IS FURTHER ORDERED that, in all other respects, the schedule for further

13

proceedings set forth in the order entered February 20, 2015 (ECF No. 94) will remain in

14

effect.

15

DATED this 14th day of September 2023.

16
17
18

LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2