Byford v. Nevada Attorney General et al
Filing
201
ORDER - IT IS THEREFORE ORDERED that Petitioner's Request for Extension of Time (ECF No. 200 ) is GRANTED. Petitioner will have until and including March 8, 2024, to file his reply to Respondents' answer. In all other respec ts, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) remains in effect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is substituted for William Reubart as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge James C. Mahan on 9/13/2023. (Copies have been distributed pursuant to the NEF - DLS)
Case 3:11-cv-00112-JCM-CSD Document 201 Filed 09/13/23 Page 1 of 2
1
UNITED STATES DISTRICT COURT
2
DISTRICT OF NEVADA
3
***
4
ROBERT ROYCE BYFORD,
5
Petitioner,
6
v.
7
WILLIAM GITTERE, et al.,
8
Respondents.
Case No. 3:11-cv-00112-JCM-CSD
ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 200)
9
10
11
In this capital habeas corpus action, the respondents filed their answer on
12
March 15, 2023. Petitioner Robert Royce Byford, who is represented by appointed
13
counsel, was then due to file a reply by September 11, 2023. See Order entered
14
August 27, 2021 (ECF No. 135) (180 days for reply).
15
On September 11, 2023, Byford filed a motion for extension of time (ECF No.
16
200), requesting a 179-day extension of time, to March 8, 2024. Byford’s counsel states
17
that the extension of time is necessary because of the complexity of this matter and her
18
obligations in other cases. Byford’s counsel states that Respondents do not oppose the
19
motion for extension of time.
The Court finds that Petitioner’s motion for extension of time is made in good
20
21
faith and not solely for the purpose of delay, and that there is good cause for the
22
extension of time requested.
23
///
24
///
25
///
26
///
27
///
28
///
1
Case 3:11-cv-00112-JCM-CSD Document 201 Filed 09/13/23 Page 2 of 2
IT IS THEREFORE ORDERED that Petitioner’s Request for Extension of Time
1
2
(ECF No. 200) is GRANTED. Petitioner will have until and including March 8, 2024, to
3
file his reply to Respondents’ answer. In all other respects, the schedule for further
4
proceedings set forth in the order entered October 24, 2019 (ECF No. 88) remains in
5
effect.
6
IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure
7
25(d), William Gittere is substituted for William Reubart as the respondent warden. The
8
Clerk of the Court is directed to update the docket to reflect this change.
9
10
September
13,of2023.
DATED THIS
___ day
______________________, 2023.
11
12
13
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?