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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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. 121)

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, a 28-day extension of time, and a 7-day extension of time, the

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respondents were due on May 27, 2021, to file a renewed motion to dismiss, adequately

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setting forth their statute of limitations defense or abandoning that defense. See Order

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entered March 2, 2021 (ECF No. 114) (30 days to file renewed motion to dismiss);

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Order entered April 22, 2021 (ECF No. 117) (21-day extension of time); Order entered

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April 26, 2021 (ECF No. 118) (28-day extension of time); Order entered May 21, 2021

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(ECF No. 120) (7-day extension). On May 27, 2021, Respondents filed a motion for

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extension of time (ECF No. 121), requesting a further 1-day extension of time, to

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May 28, 2021, to file their renewed motion to dismiss. Respondents filed their motion to

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dismiss on May 28, 2021, as contemplated in their motion for extension of time (ECF

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No. 122).

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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. 121) is GRANTED. Respondents’ Motion to Dismiss (ECF No. 122)

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will be treated as timely filed. In all other respects, the schedule for further proceedings

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set forth in the order entered December 4, 2019 (ECF No. 91) will remain in effect.

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June
DATED THIS ___ day of ______________________, 2021.

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GLORIA M. NAVARRO,
UNITED STATES DISTRICT JUDGE

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