Weber v. Cortez Masto

Filing 83

ORDER - Respondents' Motion to Extend Time ECF No. 82 is Granted. Respondents shall have up to and including November 30, 2021, in which to fie the response to the Third Amended Petition (ECF No. 79 ). Signed by Judge Richard F. Boulware, II on 10/5/2021. (Copies have been distributed pursuant to the NEF - SMR)

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AARON D. FORD
Attorney General
Heather D. Procter (Bar No. 8621)
Chief Deputy Attorney General
Erica Berrett (Bar. No. 13826)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TIMMY JOHN WEBER,

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Case No. 3:11-cv-00104-RFB-WGC

Petitioner,

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WILLIAM GITTERE, et al.,

UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE
RESPONSE TO THIRD AMENDED
PETITION (ECF NO. 79)

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Respondents.

(FIRST REQUEST)

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vs.

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(DEATH PENALTY)

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Respondents move this Court for an enlargement of time of sixty (60) days from the current due

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date of October 1, 2021, up to an including November 30, 2021, in which to file their Response to Timmy

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John Weber’s Third Amended Petition for Writ of Habeas Corpus (ECF No. 79). This Motion is made

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pursuant to FED. R. CIV. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached

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declaration of counsel. This is the first enlargement of time sought by Respondents to file the response

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to the Third Amended Petition, and the request is brought in good faith and not for the purpose of delay.

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DATED: October 1, 2021.

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Submitted by:

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AARON D. FORD
Attorney General

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By:

/s/ Erica Berrett
Erica F. Berrett (Bar. No. 13826)
Deputy Attorney General

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DECLARATION OF ERICA BERRETT

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STATE OF NEVADA

)
) ss:
COUNTY OF CLARK )

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I, ERICA BERRETT, being first duly sworn under oath, deposes and states as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada and am

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employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I have been

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assigned to represent Respondents in Timmy John Weber v. William Gittere, et al., Case No. 3:11-cv-

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00104-RFB-WGC, and as such, have personal knowledge of the matters contained herein.

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2.

This Motion is made in good faith and not for the purpose of delay.

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3.

The deadline to file the response to the Third Amended Petition (ECF No. 79) is October

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1, 2021.
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I assumed responsibility for this matter shortly after Petitioner filed his Third Amended

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Petition. I entered my appearance on August 10, 2021. ECF No. 81. Since that time, my office has made

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efforts to obtain and organize the most recent state court records in this matter in preparation to file a

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response. Additionally, I have had to work on several other federal habeas matters that prevented me

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from reviewing the lengthy procedural history and record in this matter. Since entering my appearance,

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I have filed the following documents in other federal habeas matters: an answer in Custer v. Marquez-

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Espino, et al., 2:19-cv-01633-RFB-VCF; an answering brief in the Ninth Circuit matter Cahuec v. Smith,

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20-17470, 3:09-cv-00113-RCJ-RAM; an answer in Zanini v. Baker, et al., 3:18-cv-00336-MMD-WGC;

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and an answer in Madrid v. Howell, et al., 2:19-cv-01659-APG-NJK. I am currently finalizing a motion

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to dismiss in Randolph v. Baker, et al., 2:18-cv-00449-RFB-VCF, which is due in one week. While

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working on these cases, I have been unable to complete the response to Weber’s Third Amended Petition.

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5.

I contacted Petitioner’s counsel regarding this request, and she does not oppose it.

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6.

Based on the foregoing, I respectfully request an enlargement of time of sixty (60) days, up to

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an including November 30, 2021, in which to file the response to the Third Amended Petition (ECF No. 79).
Executed on October 1, 2021.

IT IS SO ORDERED:

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__________________________
RICHARD F. BOULWARE, II
United States District Judge
DATED this 5th day of October, 2021.

/s/ Erica Berrett
Erica F. Berrett (Bar No. 13826)
Deputy Attorney General

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing Unopposed Motion For Enlargement Of

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Time To File Response To Third Amended Petition (ECF No. 79) (First Request) with the Clerk of the

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Court by using the CM/ECF system on October 1, 2021.

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The following participants in this case are registered CM/ECF users and will be serve by the
CM/ECF system:
Heather Fraley
Jocelyn S. Murphy
Office of the Federal Public Defender
411 E. Bonneville Ave.
Suite 250
Las Vegas, NV 89101
/s/ M. Landreth
An employee of the Office of the Attorney General

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