Dixon v. Baker et al

Filing 60

ORDER granting ECF No. 59 Motion to Extend Time : Second Amended Petition due by 7/8/2021. Signed by Judge Robert C. Jones on 4/28/2021. (Copies have been distributed pursuant to the NEF - DRM)

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Rene L. Valladares
Federal Public Defender
Nevada State Bar No. 11479
*Emma L. Smith
Assistant Federal Public Defender
Illinois State Bar No. 6317192
411 E. Bonneville Ave. Suite 250
Las Vegas, Nevada 89101
[phone]
[e-mail]
*Attorney for Petitioner Terry Dixon

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

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Terry D. Dixon,

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Petitioner,
v.
Renee Baker, et al.,
Respondents.

Case No. 3:13-cv-00248-RCJ-WGC
Order Granting Unopposed motion
for extension of time in which to
file second amended petition (ECF
No. 59)
(Second request)

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Following state court proceedings, this Court reopened this case and allowed

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Terry Dixon to file a second amended petition. Mr. Dixon moves this Court for an

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extension of time of 75 days, from April 23, 2021, up to and including July 8, 2021, in

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which to file the second amended petition. Respondents, by Senior Deputy Attorney

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General Jessica Perlick, do not object to this request, though their non-objection does

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not constitute a waiver of any procedural defenses Respondents may wish to raise in

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response to the second amended petition including, but not limited to, timeliness,

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procedural default, and questions of exhaustion. This is Mr. Dixon’s second request

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for an extension.

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Counsel respectfully suggests additional time remains necessary to properly

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prepare the petition. Undersigned counsel returned from maternity leave on March

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15, 2021. Since her return, counsel has been diligently working on getting up to speed

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on her cases, including Mr. Dixon’s. In addition to filings completed since her return,

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in the next few weeks counsel has deadlines for two reply briefs in the Ninth Circuit

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and an opening brief in the Nevada Supreme Court.

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The additional period of time is necessary in order to effectively represent

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Mr. Dixon. This motion is filed in the interests of justice and not for the purposes of

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unnecessary delay.

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Petitioner respectfully requests this Court grant the request for an extension
of time of 75 days and order the second amended petition be filed by July 8, 2021.

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Dated April 21, 2021.

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Respectfully submitted,

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Rene L. Valladares
Federal Public Defender

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/s/ Emma L. Smith
Emma L. Smith
Assistant Federal Public Defender

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IT

IS S O O R D E R E D :

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______________________________
United States District Judge

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Dated: April 28, 2021.

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