Byars v. Williams et al

Filing 35

ORDER giving Petitioner until 8/31/2017 to respond to ECF No. 27 Motion to Dismiss. Signed by Judge Robert C. Jones on 7/20/2017. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9

MICHAEL DWAYNE BYARS,

10

Petitioner,
3:15-cv-00388-RCJ-VPC

11

vs.

12

BRYAN WILLIAMS, SR., et al.,

ORDER
13
14

Respondents.
_______________________________/

15
16

In this habeas corpus action, brought pro se by Michael Dwayne Byars, the respondents filed

17

a motion to dismiss on May 17, 2017 (ECF No. 27), seeking dismissal of Ground 1 of Byars’ habeas

18

petition. Byars was due to respond to the motion to dismiss by July 17, 2017. See Order entered

19

February 16, 2017 (ECF No. 24) (60 days for response to motion to dismiss). Byars did not file a

20

response to the motion to dismiss by July 17, 2017.
In light of the fact that Byars brings this action pro se, and noting that he filed a notice of

21
22

change of address on June 12, 2017 (ECF No. 34), the Court will, sua sponte, grant Byars a 45-day

23

extension of time to respond to the motion to dismiss. The Court will not be inclined to further

24

extend this deadline.

25

///

26

///

1

IT IS THEREFORE ORDERED that petitioner will have until August 31, 2017, to

2

respond to respondents’ motion to dismiss. In all other respects, the schedule for further proceedings

3

set forth in the order entered February 16, 2017 (ECF No. 24) shall remain in effect.

4
5

20th day ____________________________, 2017.
Dated this _____day of July, 2017.

6
7
UNITED STATES DISTRICT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2