Byford v. Nevada Attorney General et al

Filing 101

ORDER - Respondents' Motion for Extension of Time (ECF No. 100 ) is GRANTED. Respondents will have until and including June 26, 2020 to respond to Petitioner's Third Amended Habeas Petition (ECF No. 92 ).In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 5/6/2020. (Copies have been distributed pursuant to the NEF - AB)

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Case 3:11-cv-00112-JCM-WGC Document 101 Filed 05/06/20 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 6 7 ROBERT ROYCE BYFORD, Case No. 3:11-cv-00112-JCM-WGC Petitioner, ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 100) v. 8 WILLIAM GITTERE, et al., 9 Respondents. 10 11 12 In this capital habeas corpus action, the petitioner, Robert Royce Byford, filed a 13 third amended petition for writ of habeas corpus on January 30, 2020 (ECF No. 92). 14 Respondents were due to respond to the third amended petition by April 29, 2020. See 15 Order entered October 24, 2019 (ECF No. 88) (90 days for response). 16 On April 29, 2020, Respondents filed a motion for extension of time (ECF No. 17 100), requesting a 58-day extension of time, to June 26, 2020, to respond to the third 18 amended petition. Respondents’ counsel states that the extension of time is necessary 19 because of his obligations in other cases and because he has had to take on additional 20 responsibilities as a result of the COVID-19 pandemic. Byford 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 IT IS THEREFORE ORDERED that Respondents’ motion for extension of time 26 (ECF No. 100) is GRANTED. Respondents will have until and including June 26, 2020, 27 to respond to Petitioner’s third amended habeas petition (ECF No. 92). 28 1 Case 3:11-cv-00112-JCM-WGC Document 101 Filed 05/06/20 Page 2 of 2 IT IS FURTHER ORDERED that, in all other respects, the schedule for further 1 2 proceedings set forth in the order entered October 24, 2019 (ECF No. 88) will remain in 3 effect. 4 5 May ___ day DATED THIS6, 2020. of ______________________, 2020. 6 7 8 JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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