Byford v. Nevada Attorney General et al

Filing 105

ORDERED that Respondents' motion for extension of time (ECF No. 104 ) is GRANTED. Respondents will have until and including September 23, 2020, to respond to Petitioner's third amended habeas petition (ECF No. 92 ). IT IS FURTHER ORDERED that, 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 9/10/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:11-cv-00112-JCM-WGC Document 105 Filed 09/10/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT ROYCE BYFORD,

Case No. 3:11-cv-00112-JCM-WGC

Petitioner,
ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 104)

v.

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WILLIAM GITTERE, et al.,

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Respondents.

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In this capital habeas corpus action, the petitioner, Robert Royce Byford, filed a

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third amended petition for writ of habeas corpus on January 30, 2020 (ECF No. 92).

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After an initial 90-day period, a 58-day extension of time, and a 75-day extension of

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time, Respondents were due to respond to the third amended habeas petition by

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September 9, 2020. See Order entered October 24, 2019 (ECF No. 88) (90 days for

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response); Order entered May 6, 2020 (ECF No. 101) (58-day extension); Order

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entered July 2, 2020 (ECF No. 103) (75-day extension).

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On September 8, 2020, Respondents filed a motion for extension of time (ECF

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No. 104), requesting a further 14-day extension of time. Respondents’ counsel states

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that the extension of time is necessary because of his obligations with respect to other

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matters. Byford does not 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 an

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extension of time. The Court will grant the motion for extension of time. The Court will

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not look favorably upon any motion to further extend this deadline.

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Case 3:11-cv-00112-JCM-WGC Document 105 Filed 09/10/20 Page 2 of 2

IT IS THEREFORE ORDERED that Respondents’ motion for extension of time

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(ECF No. 104) is GRANTED. Respondents will have until and including September 23,

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2020, to respond to Petitioner’s third amended habeas petition (ECF No. 92).
IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered October 24, 2019 (ECF No. 88) will remain in

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effect.

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September 10, 2020.
DATED THIS ___ day of ______________________, 2020.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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