Olsen v. LeGrand et al

Filing 26

ORDER granting ECF No. 25 Motion to Extend Time. Petitioner's amended petition due by 1/16/2018. Signed by Judge Miranda M. Du on 11/07/2017. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CARL HENRY OLSEN, III,

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Case No. 3:15-cv-00367-MMD-WGC
Petitioner,

ORDER

v.
ROBERT LeGRAND, et al.,
Respondents.
This habeas matter under 28 U.S.C. § 2254 comes before the Court on
petitioner’s third motion for an enlargement of time (ECF No. 25).

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Petitioner Carl Olsen challenges his 1990 Nevada state conviction, pursuant to a

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jury verdict, of eight counts of sexual assault on a minor under the age of fourteen. He

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is serving eight consecutive sentences of life with the possibility of parole after a

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minimum of ten years served on each sentence.

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This matter was reversed and remanded following an incorrect dismissal of the

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petition as a successive petition. On remand, the Court directed petitioner to file an

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amended petition within thirty days on July 20, 2017. The Court thereafter has extended

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the time for petitioner to respond twice, with the amended petition currently being due

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on November 17, 2017. Petitioner now seeks a sixty-day extension to January 16, 2018.

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The Court will grant petitioner this one last extension out of an abundance of

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caution. With the current requested extension, petitioner will have had nearly six months

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to file an amended petition. That is beyond, well beyond, ample time for a litigant,

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including a pro se litigant, to prepare and file an amended petition.

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Petitioner refers to meetings with other inmates concerning the pleading and

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limitations on law library access. The original petition referenced prior claims purportedly

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contained in other documents. Petitioner does not necessarily need to consult with

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multiple inmates and conduct extensive legal research in order to prepare a pleading

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presenting claims purportedly contained in prior documents. In all events, the nearly six

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months allowed to do so by the extensions herein will be more than ample time. A

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request for further extension of time will be considered based upon only the most

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compelling of circumstances, and the circumstances presented on the present motion

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do not constitute such circumstances.

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It therefore is ordered that petitioner’s motion for an enlargement of time (ECF

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No. 25) is granted. Petitioner will have until January 16, 2018, within which to mail an

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amended petition to the Clerk for filing.

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If an amended petition is not timely mailed for filing, this action will be dismissed

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without further advance notice for failure to state a claim upon which relief may be

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granted and for failure to comply with the orders of the Court.

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DATED THIS 7th day of November 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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