McConnell vs E. K. McDaniel, et al

Filing 118

ORDER granting ECF No. 117 Motion to Extend Time (Second Request). Respondents will have until and including May 20, 2021, to file their renewed motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 4/26/2021. (Copies have been distributed pursuant to the NEF - SC)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 ROBERT McCONNELL, 6 Petitioner, 7 Case No. 3:10-cv-00021-GMN-WGC v. 8 9 ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 117) WILLIAM GITTERE, et al., Respondents. 10 11 12 In this capital habeas corpus action, after an initial 30-day period and then a 13 21-day extension of time, the respondents were due on April 22, 2021, to file a renewed 14 motion to dismiss, adequately setting forth their statute of limitations defense or 15 abandoning that defense. See Order entered March 2, 2021 (ECF No. 114) (30 days to 16 file renewed motion to dismiss); Order entered April 22, 2021 (ECF No. 117) (21-day 17 extension of time). On April 22, 2021, Respondents filed a motion for extension of time 18 (ECF No. 117), requesting a further 28-day extension of time, to May 20, 2021, to file 19 their renewed motion. Respondents’ counsel states that the extension of time is 20 necessary because of his obligations in other cases. The petitioner does not oppose the 21 motion for extension of time. 22 The Court finds that Respondents’ motion for extension of time is made in good 23 faith and not solely for the purpose of delay, and that there is good cause for the 24 extension of time requested. 25 /// 26 /// 27 /// 28 /// 1 1 IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement 2 of Time (ECF No. 117) is GRANTED. Respondents will have until and including 3 May 20, 2021, to file their renewed motion to dismiss. In all other respects, the schedule 4 for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91) 5 will remain in effect. 6 7 April DATED THIS 26 day of ______________________, 2021. ___ 8 9 10 11 GLORIA M. NAVARRO, 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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