Byford v. Nevada Attorney General et al

Filing 98

ORDER - Petitioner's Motion for Extension of Time (ECF No. 91 ) is GRANTED: Petitioner's Third Amended Habeas Petition (ECF No. 92 ) will be treated as timely filed on January 30, 2020.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 2/4/2020. (Copies have been distributed pursuant to the NEF - AB)

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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. 91)

v.

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WILLIAM GITTERE, et al.,

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Respondents.

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In this capital habeas corpus action, after a 32-day extension of time, the

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petitioner, Robert Royce Byford, who is represented by appointed counsel, was due

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to file a third amended habeas petition by January 24, 2020. See Order entered

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October 24, 2019 (ECF No. 88) (60 days to file third amended petition); Order entered

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January 24, 2020 (ECF No. 91). On January 24, 2020, Byford filed a motion for

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extension of time (ECF No. 91), requesting a second extension of time, of six days, to

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January 30, 2020. Byford then filed his third amended petition on January 30, 2020, as

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contemplated in his motion for extension of time (ECF No. 92).

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Byford’s counsel states that the extension of time was necessary because of his

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obligations in other cases and the complexity of this case. The Respondents did not

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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. 91) is GRANTED. Petitioner’s third amended habeas petition (ECF No.92) will

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be treated as timely filed on January 30, 2020.
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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DATED February 4, 2020.
THIS ___ day of ______________________, 2020.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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