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)

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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

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