Smith v. Baker et al

Filing 95

ORDER granting ECF No. 94 Motion to Extend Time. Petitioner has until March 12, 2021, to file a Reply in support of the Second Amended Petition (ECF No. 44 ). Signed by Judge Robert C. Jones on 1/8/2021. (Copies have been distributed pursuant to the NEF - AB)

Case 3:13-cv-00246-RCJ-WGC Document 95 Filed 01/08/21 Page 1 of 3

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Amelia L. Bizzaro
Assistant Federal Public Defender
Wisconsin State Bar No. 1045709
411 E. Bonneville Ave., Ste. 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Michael L. Smith.

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U NITED S TATES D ISTRICT C OURT
D ISTRICT OF N EVADA

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Michael L. Smith,
Petitioner,

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v.
Renee Baker, et al.,
Respondents.

Case No. 3:13-cv-00246-RCJ-WGC
Order GrantingUnopposed
Motion for Extension of Time to
File Reply
(First Request)

Case 3:13-cv-00246-RCJ-WGC Document 95 Filed 01/08/21 Page 2 of 3

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POINTS

AND

A U T H O R IT I E S

Petitioner Michael L. Smith respectfully asks this Court to enter an Order

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extending his deadline for filing a Reply in support of his Second Amended § 2254

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Petition by 60 days until March 12, 2021.

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Litigation of the warden’s motion to dismiss was completed on March 6, 2020,

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which this Court granted the motion in part. 1 Baker filed her Answer on November

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25, 2020. 2 Based on this Court’s order, Smith’s Reply is due 45 days later, or by

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January 11, 2021. 3

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This is Smith’s first request for an extension.
This extension is necessary to allow counsel time to prepare and file Smith’s

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Answer. The Answer, and in turn the Reply, address four claims, two of which are

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ineffective assistance of counsel claims that in turn contain several sub-claims.

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Given the lengthy litigation in state court and in this Court, counsel needs more

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time to draft Smith’s Reply.

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Counsel’s work on this case has been slowed by the holidays, the challenges

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of working remotely during the pandemic, and counsel’s management

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responsibilities. Counsel also has less access to Smith, who is incarcerated at Ely

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State Prison. As counsel understands it, the prison remains on rolling lockdowns in

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an effort to combat the spread of the virus within the institution.

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This extension will give counsel the time she needs to complete Smith’s

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Reply. This motion is not filed for the purposes of delay but in the interests of

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justice, as well as in Smith’s interests. Accordingly, Smith respectfully asks this

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Court to grant the requested extension to March 12, 2021.

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ECF No. 83.

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ECF No. 93.

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ECF No. 83 at 11.
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Case 3:13-cv-00246-RCJ-WGC Document 95 Filed 01/08/21 Page 3 of 3

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Counsel contacted Senior Deputy Attorney General Allison Herr by e-mail
today, who replied that she did not object to the requested extension.
Dated January 8, 2021.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/Amelia L. Bizzaro
Amelia L. Bizzaro
Assistant Federal Public Defender

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IT IS SO ORDERED:

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______________________________
United States District Judge

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Dated: January 8, 2021.

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