Byford v. Nevada Attorney General et al

Filing 114

ORDER GRANTING ECF No. 113 Motion to Extend Time : Response to ECF No. 107 Motion to Dismiss due by 2/19/2021. 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 1/27/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:11-cv-00112-JCM-WGC Document 114 Filed 01/27/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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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. 113)

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,

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represented by appointed counsel, filed a third amended petition for writ of habeas

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corpus on January 30, 2020 (ECF No. 92). Respondents filed a motion to dismiss the

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third amended petition on September 25, 2020 (ECF No. 107). After a 62-day extension

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of time, Byford was due to respond to the motion to dismiss by January 25, 2021. See

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Order entered October 24, 2019 (ECF No. 88); Order entered December 11, 2020 (ECF

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No. 112).

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On January 25, 2021, Byford filed a motion for extension of time (ECF No. 113),

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requesting a further 25-day extension of time, to February 19, 2021. Byford’s counsel

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states that the extension of time is necessary because of his obligations in other cases.

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Respondents do not oppose the motion for extension of time.

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The Court finds that Byford’s motion for extension of time is made in good faith

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and not solely for the purpose of delay, and that there is good cause for the extension of

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time requested.

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IT IS THEREFORE ORDERED that Petitioner’s motion for extension of time

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(ECF No. 113) is GRANTED. Petitioner will have until and including February 19, 2021,

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to respond to the motion to dismiss.
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Case 3:11-cv-00112-JCM-WGC Document 114 Filed 01/27/21 Page 2 of 2

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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January 27, 2021.
DATED THIS ___ day of ______________________, 2021.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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