Gallegos v. Baca et al

Filing 71

ORDER granting ECF No. 70 Motion to Extend Time to File Reply to Answer (ECF No. 69 ). Replies due by 2/13/2020. Signed by Judge Robert C. Jones on 12/10/2019. (Copies have been distributed pursuant to the NEF - AB)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12

FERNANDO GALLEGOS,
Petitioner,

13
14
15
16

v.
ISIDRO BACA, et al.,

Case No. 3:15-cv-00254-RCJ-CLB
ORDER GRANTING UNOPPOSED
MOTION EXTENSION OF
TIME
TO FILE REPLY TO ANSWER
(First Request)

Respondents.

17
18

COMES NOW the Petitioner, Fernando Gallegos, by and through counsel of

19

record, Jason F. Carr, hereby files this request extension of time to file his Reply to

20

Answer. Petitioner requests that this Court grant him an extension of time of sixty-

21

six (66) days to file the Reply to Answer making the pleading due on Thursday

22

February 13, 2020.

23
24
25
26

This motion is based upon the attached Points and Authorities and all
pleadings and papers on file herein.

1
2

POINTS AND AUTHORITIES
1.

Respondents filed their Answer on in this § 2254 habeas action on

3

November 8, 2019. (ECF No. 69.) Petitioner’s Reply to Answer is currently due

4

December 9, 2019. Counsel is requesting an extension of time of sixty-six (66) days,

5

to and including February 13, 2020, to file Gallegos’ Reply and Traverse in support

6

of his amended petition. This is a first request for an extension of time to file that

7

pleading.

8

2.

Press of business motivates this request for a continuance including,

9

inter alia: An extension of time to file the Reply is necessary given my obligations in

10

other cases, including the following matters due this week alone: an Application for

11

Certificate of Appealability in Henderson v. Baker, Ninth Circuit Case Number 19-

12

17239; an Application for Certificate of Appealability in Dollar v. Smith, Ninth

13

Circuit Case Number 19-16753; and an Application for Certificate of Appealability in

14

Duarte v. Williams, Ninth Circuit Case Number 19-17207.

15
16
17

3.

Further, counsel’s schedule is complicated by the fact many of his

relatives are coming to Las Vegas, Nevada to celebrate the holiday season.
4.

On December 9, 2019, counsel for Petitioner contacted Deputy Attorney

18

General Allison Herr. Ms. Herr does not object to this request for a continuance,

19

however, the State requests that counsel for habeas petitioners make clear that

20

nothing about the decision not to oppose Petitioner’s extension request signifies an

21

implied finding of a basis for tolling any applicable period of limitations or the waiver

22

of any other procedural defense. Petitioner remains responsible for calculating any

23

limitations periods and understands that, in granting an extension request, the Court

24

makes no finding or representation that the petition, any amendments thereto,

25

and/or any claims contained therein are not subject to dismissal as untimely.

26

3

1

5.

Counsel avers that this motion is not filed for the purpose of delay, but

2

in the interests of justice, as well as in the interest of Mr. Gallegos. Counsel

3

respectfully requests that this Court grant the request for an extension of time to file

4

the Reply to February 13, 2020, in order to ensure the effective and thorough

5

representation of Mr. Gallegos in his federal habeas action.

6
7
8
9
10

ORDER

11
12
13

It is hereby ORDERED that Petitioner Gallegos’ Motion to Extend the time to file a

14

Reply to the Respondents’ Answer (ECF No. 70) is GRANTED. Petitioner shall file

15

his Reply by February 13, 2020.

16
17
18
19

______________________________
ROBERT C. JONES
United States District Judge

20
21

Dated: December 10, 2019

22
23
24
25
26

4