McConnell vs E. K. McDaniel, et al

Filing 123

ORDER granting ECF No. 121 Motion to Extend Time. Respondents' Motion to Dismiss (ECF No. 122 ) will be treated as timely filed. 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 6/3/2021. (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. 121) WILLIAM GITTERE, et al., Respondents. 10 11 12 In this capital habeas corpus action, after an initial 30-day period, a 21-day 13 extension of time, a 28-day extension of time, and a 7-day extension of time, the 14 respondents were due on May 27, 2021, to file a renewed motion to dismiss, adequately 15 setting forth their statute of limitations defense or abandoning that defense. See Order 16 entered March 2, 2021 (ECF No. 114) (30 days to file renewed motion to dismiss); 17 Order entered April 22, 2021 (ECF No. 117) (21-day extension of time); Order entered 18 April 26, 2021 (ECF No. 118) (28-day extension of time); Order entered May 21, 2021 19 (ECF No. 120) (7-day extension). On May 27, 2021, Respondents filed a motion for 20 extension of time (ECF No. 121), requesting a further 1-day extension of time, to 21 May 28, 2021, to file their renewed motion to dismiss. Respondents filed their motion to 22 dismiss on May 28, 2021, as contemplated in their motion for extension of time (ECF 23 No. 122). 24 The Court finds that Respondents’ motion for extension of time is made in good 25 faith and not solely for the purpose of delay, and that there is good cause for the 26 extension of time requested. 27 /// 28 /// 1 1 IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement 2 of Time (ECF No. 121) is GRANTED. Respondents’ Motion to Dismiss (ECF No. 122) 3 will be treated as timely filed. In all other respects, the schedule for further proceedings 4 set forth in the order entered December 4, 2019 (ECF No. 91) will remain in effect. 5 6 3 June DATED THIS ___ day of ______________________, 2021. 7 8 9 10 GLORIA M. NAVARRO, UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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