Dixon v. Baker et al

Filing 113

ORDER granting ECF No. 112 Motion to Extend Time : Answer to remaining claims re ECF No. 61 Second Amended Petition due by 1/6/2023. Signed by Judge Robert C. Jones on 11/28/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:13-cv-00248-RCJ-CSD Document 113 Filed 11/28/22 Page 1 of 4
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TERRY D. DIXON,

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Case No: 3:13-cv-00248-RJC-CSD

Petitioner,

ORDER ON UNOPPOSED MOTION
FOR ENLARGEMENT OF TIME TO
FILE ANSWER TO REMAINING
CLAIMS (ECF NO. 61)

vs.
RENEE BAKER, et al.,
Respondents.

(FIRST REQUEST)

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Respondents move this Court for an enlargement of time of sixty (60) days from the current due

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date of November 7, 2022, up to an including January 6, 2023, in which to file their answer to the

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remaining claims of Terry D. Dixon’s Second Amended Petition for Writ of Habeas Corpus (ECF No.

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61). This Motion is made pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice and

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is based upon the attached declaration of counsel. This is the first enlargement of time sought by

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Respondents to file the answer to remaining claims of Dixon’s Second Amended Petition, and the request

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is brought in good faith and not for the purpose of delay.

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DATED: November 7, 2022.

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Submitted by:

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AARON D. FORD
Attorney General

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By: /s/ Erica Berrett
Erica Berrett (Bar. No. 13826)
Senior Deputy Attorney General

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Case 3:13-cv-00248-RCJ-CSD Document 113 Filed 11/28/22 Page 2 of 4
DECLARATION OF ERICA BERRETT

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I, ERICA BERRETT, being first duly sworn under oath, deposes and states as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada and am

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employed as a Senior Deputy Attorney General in the Office of the Nevada Attorney General. I have

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been assigned to represent Respondents in Terry D. Dixon v. Renee Baker, et al., Case No. 3:13-cv-00248-

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RJC-CSD, and as such, have personal knowledge of the matters contained herein.

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2.

This Motion is made in good faith and not for the purpose of delay.

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3.

The deadline to file the answer to remaining claims of the Second Amended Petition (ECF

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No. 61) is November 7, 2022.

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4.

I have been unable with due diligence to timely complete the answer.

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5.

The Nevada Attorney General’s Post-Conviction Division is currently short-staffed since

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the departure of former Senior Deputy Attorney General Charles Finlayson. Moreover, our Chief Deputy

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Attorney General, Heather Procter, is currently on a nearly three-week leave. As one of few Senior

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Deputy Attorneys General remaining in the division, I am tasked with assuming many of Chief Deputy

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Procter’s administrative responsibilities during her absence, as well as having assumed some of former

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Senior Deputy Finlayson’s administrative responsibilities, in addition to managing my own typical

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administrative responsibilities and full caseload.
6.

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Since this Court entered its order granting Respondents’ motion to dismiss in part and

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ordering the answer to remaining claims, in addition to my heavy administrative responsibilities in recent

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weeks, my time was occupied with other federal habeas cases, including filing a motion to dismiss in

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capital habeas matter Powell v. Reubart, et al., 2:06-cv-01264-KJD-DJA; continuing to work on an

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answer in Byford v. Reubart, 3:11-cv-00112-JCM-CSD; and continuing to work on an amended answer

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in Guy v. Gittere, 2:11-cv-01809-APG-NJK, among other smaller federal habeas tasks.
7.

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I contacted Petitioner’s counsel regarding this request, and she does not oppose the

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enlargement of time.

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Case 3:13-cv-00248-RCJ-CSD Document 113 Filed 11/28/22 Page 3 of 4
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8.

Based on the foregoing, I respectfully request an enlargement of time of sixty (60) days,

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up to an including January 6, 2023, in which to file the answer to remaining claims of the Second

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Amended Petition (ECF No. 61).

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Executed on November 7, 2022.
/s/ Erica Berrett
Erica Berrett (Bar No. 13826)

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IT IS SO ORDERED:

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______________________________________
UNITED STATES DISTRICT JUDGE

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November 28, 2022
DATED: ______________________________

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Case 3:13-cv-00248-RCJ-CSD Document 113
112 Filed 11/28/22
11/07/22 Page 4 of 4
CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the foregoing Unopposed Motion for Enlargement of

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Time to File Answer to Remaining Claims (ECF No. 61) (First Request) by using the CM/ECF system

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on the 7th day of November, 2022.

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The following participants in this case are registered electronic filing system users and will be
served electronically:
Shelly Richter
Federal Public Defender
411 E. Bonneville Avenue, Suite 250
Las Vegas, Nevada 89101
/s/ C. Martinez
An employee of the Office of the Attorney General

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