Gallegos v. Baca et al

Filing 79

ORDER granting ECF No. 78 Motion to Extend Time. Petitioner's Reply to Respondent's Answer (ECF No. 69 ) is due on June 6, 2020. Signed by Judge Robert C. Jones on 5/20/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:15-cv-00254-RCJ-CLB Document 79 Filed 05/20/20 Page 1 of 3

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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]

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Attorney for Petitioner Gallegos

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FERNANDO GALLEGOS,
Petitioner,

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v.

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ISIDRO BACA, et al.,

Case No. 3:15-cv-00254-RCJ-VPC
UNOPPOSED
MOTION
FOR
EXTENSION OF TIME TO FILE A
REPLY TO THE STATE’S ANSWER
(Fifth Request)

Respondents.

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

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record, Jason F. Carr, hereby files this request for an extension of time of three weeks

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to file Reply and Legal Memorandum in Support of his Amended Petition. Gallegos

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requests an extension of thirty days. The Replay will now be due June 6, 2020.
This motion is based upon the attached Points and Authorities and all

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pleadings and papers on file herein.

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.

Case 3:15-cv-00254-RCJ-CLB Document 79 Filed 05/20/20 Page 2 of 3

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

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

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

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

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2.

Petitioner Gallegos request an extension of time until June 6, 2020.

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3.

Counsel requests this time because of press of business and the

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uncertainties caused by the COVID-19 outbreak.
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Further, counsel took a new federal defender position in Washington

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state. That commitment occurred before the current pandemic had gained any real

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force. The position starts on July 1, 2020. The complications with preparing to move

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in this environment also complicate preparing the Reply.

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5.

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

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

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

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

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

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

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

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

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as untimely.

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6.

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

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

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this Court grant the request for an extension of time to file his Reply on June 6, 2020,

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in order for the effective and thorough representation of Mr. Gallegos in his federal

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habeas action.

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Case 3:15-cv-00254-RCJ-CLB Document 79 Filed 05/20/20 Page 3 of 3

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Dated: May 15, 2020.

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Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

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/s/ Jason F. Carr

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JASON F. CARR
Assistant Federal Public Defender

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It is hereby ORDERED that, good cause appearing herein, that Petitioner
Fernando Gallegos’ Reply to Respondent’s Answer is due on June 6, 2020.

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______________________________
ROBERT C. JONES
United States District Judge

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Dated:

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May 20, 2020.