Gallegos v. Baca et al

Filing 75

ORDER granting ECF No. 74 Motion to Extend Time. Petitioner's Reply to Respondent's Answer (ECF No. 69 ) is due by April 16, 2020 re ECF No. 42 Third Amended Petition. Signed by Judge Robert C. Jones on 3/24/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:15-cv-00254-RCJ-CLB Document 74 Filed 03/17/20 Page 1 of 4

7

RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
JASON F. CARR
Assistant Federal Public Defender
Nevada State Bar No. 006587
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]

8

Attorney for Petitioner Gallegos

1
2
3
4
5
6

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12

FERNANDO GALLEGOS,

Petitioner,

13
v.

14
15

ISIDRO BACA, et al.,
Respondents.

16

Case No. 3:15-cv-00254-RCJ-VPC
ORDER GRANTING UNOPPOSED
MOTION EXTENSION OF TIME TO
FILE OPPOSITION TO SECOND
MOTION TO DISMISS
(Third Request)

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 Reply and

20

Legal Memorandum in Support of his Amended Petition.

21

extension of thirty days. The Replay will now be due April 16, 2020.
This motion is based upon the attached Points and Authorities and all

22
23

pleadings and papers on file herein.

24
25
26

Gallegos requests an

.

Case 3:15-cv-00254-RCJ-CLB Document 74 Filed 03/17/20 Page 2 of 4

1
2

POINTS AND AUTHORITIES
1.

On February 16, 2017, this Court issued an Order granting Petitioner’s

3

Motion for Leave to File a Third Amended Petition. (ECF No. 39.) On May 4, 2017,

4

Petitioner filed his Third Amended Petition. (ECF No. 42).

5

Respondents filed their Answer on November 8, 2019. (ECF No. 69.)

6

2.

Petitioner Gallegos request an extension of time until April 16, 2020.

7

3.

Counsel requests this time because of press of business and the

8
9

uncertainties caused by the COVID-19 outbreak.
4.

Counsel for Respondents do not object to this request for a continuance,

10

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

11

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

12

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

13

of any other procedural defense. Petitioner at all times remains responsible for

14

calculating any limitations periods and understands that, in granting an extension

15

request, the Court makes no finding or representation that the petition, any

16

amendments thereto, and/or any claims contained therein are not subject to dismissal

17

as untimely.

18

5.

This motion is not filed for the purpose of delay, but in the interests of

19

justice, as well as in the interest of Mr. Gallegos. Counsel respectfully requests that

20

this Court grant the request for an extension of time to file the Opposition to April

21

16, 2020, in order for the effective and thorough representation of Mr. Gallegos in his

22

federal habeas action.

23
24
25
26

2

Case 3:15-cv-00254-RCJ-CLB Document 74 Filed 03/17/20 Page 3 of 4

1

Dated: March 17, 2020.

2

Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

3
4

/s/ Jason F. Carr

5

JASON F. CARR
Assistant Federal Public Defender

6
7
8
9

It is hereby ORDERED that, good cause appearing herein, that Petitioner
Fernando Gallegos’ Reply to Respondent’s Answer is due on April 16, 2020.

10
11
12

______________________________
ROBERT C. JONES
United States District Judge

13
14

Dated: MARCH 24, 2020

15
16
17
18
19
20
21
22
23
24
25
26

3