Byford v. Nevada Attorney General et al

Filing 140

ORDER - Respondents' Motion for Enlargement of Time (ECF No. 139 ) is GRANTED. Respondents will have until and including May 24, 2022, to file their answer (re ECF No. 92 Amended Petition). Petitioner will then have 180 days to file his reply. 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 3/1/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:11-cv-00112-JCM-CSD Document 140 Filed 03/01/22 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-CSD

Petitioner,

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ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 139)

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 Court resolved the respondents’ motion

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to dismiss on August 27, 2021 (ECF No. 135). In that order, the Court gave

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Respondents 180 days—to February 23, 2022—to file an answer, responding to the

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remaining claims in Petitioner Robert Royce Byford’s third amended habeas petition.

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On February 23, 2022, Respondents filed a motion for extension of time (ECF

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No. 139), requesting a 90-day extension of time, to May 24, 2022. Respondents’

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counsel states that the extension of time is necessary because of her obligations in

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other cases and the complexity of this case. Petitioner does not oppose the motion for

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extension of time.
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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Case 3:11-cv-00112-JCM-CSD Document 140 Filed 03/01/22 Page 2 of 2

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement of

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Time (ECF No. 139) is GRANTED. Respondents will have until and including

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May 24, 2022, to file their answer. Petitioner will then have 180 days to file his reply. In

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all other respects, the schedule for further proceedings set forth in the order entered

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October 24, 2019 (ECF No. 88) will remain in effect.

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DATED March___ day of ______________________, 2022.
THIS 1, 2022.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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