Tompkins v. Baca et al

Filing 20

ORDER granting ECF No. 19 Motion to Extend Time : Second Amended Petition due by 6/19/2017. In all other respects, the schedule for further proceedings set forth in the order entered September 20, 2016 (ECF No. 13 ) will remain in effect. Signed by Judge Miranda M. Du on 5/22/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VALLIER WILLIAM TOMPKINS,

Case No. 3:16-cv-00444-MMD-WGC
Petitioner,

ORDER

v.

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WARDEN BACA, et al.,
Respondents.

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In this habeas corpus action, after two extensions of time, the petitioner, Vallier

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William Tompkins, a Nevada prisoner, was due to file a second amended petition by May

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19, 2017. See Order entered September 20, 2016 (ECF No. 13); Order entered

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December 5, 2016 (ECF No. 16); Order entered March 16, 2017 (ECF No. 18).

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On May 19, 2017, Tompkins filed a motion for extension of time (ECF No. 19),

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requesting that the time for him to file a second amended petition be further extended, by

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another 31 days, to June 19, 2017. Tompkins' counsel states that the extension of time

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is necessary because of her obligations in other cases.

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The Court finds that Tompkins' motion for extension of time is made in good faith

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and not solely for the purpose of delay, and that there is good cause for the extension of

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time requested. The Court will grant the motion for extension of time.

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However, in light of the amount of time that Tompkins will have had to file the

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second amended petition, the Court will not look favorably upon any motion to further

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extend this deadline.

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It is therefore ordered that petitioner’s motion for extension of time (ECF No. 19) is

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granted. Petitioner will have until and including June 19, 2017, to file a second amended

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petition, or notice that there will not be one.

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It is further ordered that, in all other respects, the schedule for further proceedings
set forth in the order entered September 20, 2016 (ECF No. 13) will remain in effect.

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DATED THIS 22nd day of May 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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