McConnell vs E. K. McDaniel, et al

Filing 120

ORDER granting ECF No. 119 Motion to Extend Time. Respondents will have until and including May 27, 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 5/21/2021. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT McCONNELL,

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Petitioner,

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Case No. 3:10-cv-00021-GMN-WGC

v.

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ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 119)

WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, after an initial 30-day period, a 21-day

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extension of time, and a 28-day extension of time, the respondents were due on

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May 20, 2021, to file a renewed motion to dismiss, adequately setting forth their statute

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of limitations defense or abandoning that defense. See Order entered March 2, 2021

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(ECF No. 114) (30 days to file renewed motion to dismiss); Order entered April 22, 2021

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(ECF No. 117) (21-day extension of time); Order entered April 26, 2021 (ECF No. 118)

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(28-day extension of time). On May 20, 2021, Respondents filed a motion for extension

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of time (ECF No. 119), requesting a further 7-day extension of time, to May 27, 2021, to

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file their renewed motion to dismiss. Respondents’ counsel states that the extension of

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time is necessary because of his obligations in other cases. The petitioner does not

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oppose the motion for extension of time.

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

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

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extension of time requested.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement

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of Time (ECF No. 119) is GRANTED. Respondents will have until and including

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May 27, 2021, to file their renewed motion to dismiss. In all other respects, the schedule

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for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91)

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will remain in effect.

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May
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DATED THIS ___ day of ______________________, 2021.

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GLORIA M. NAVARRO,
UNITED STATES DISTRICT JUDGE

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