Tompkins v. Baca et al

Filing 50

ORDER granting ECF No. 49 Motion to Extend Time : Petitioner will have until November 23, 2018, to file his reply. 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 9/24/2018. (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,
Petitioner,

Case No. 3:16-cv-00444-MMD-WGC
ORDER

v.

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WARDEN BACA, et al.,
Respondents.

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In this habeas corpus action, Respondents filed their answer on August 9, 2018

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(ECF No. 48), and Petitioner, Nevada prisoner Vallier William Tompkins, was due to file

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his reply by September 24, 2018. (See Order entered September 20, 2016 (ECF No. 13)

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(45 days for reply).)

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On September 24, 2018, Tompkins filed a motion for an extension of time (ECF

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No. 49), requesting a 60-day extension of time, to November 23, 2018, for the reply. This

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would be the first extension of this deadline. Tompkins’ counsel states that the extension

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of time is necessary because of her obligations in other cases. Respondents do not

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oppose the motion for extension of time.

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The Court finds that Petitioner’s 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 this motion for extension of time. However, in light of

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the amount of time Petitioner will have had to file his reply, the Court will not further extend

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this deadline absent a showing of extraordinary circumstances.

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It is therefore ordered that Petitioner’s Motion for an Extension of Time (ECF No.
49) is granted. Petitioner will have until November 23, 2018, to file his reply.
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.
DATED THIS 24th day of September 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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