Turner v. Baker et al

Filing 39

ORDER granting ECF No. 37 for Enlargement of Time to file answer to ECF No. 27 Amended Petition for Writ of Habeas Corpus; in all other respects, the schedule for further proceedings set forth in ECF No. 5 Order remain in effect. Respondents' answer due 2/19/2019. Signed by Judge Miranda M. Du on 1/11/2019. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JEREMY TURNER, Case No. 3:17-cv-00139-MMD-WGC 10 Petitioner, ORDER v. 11 12 RENEE BAKER, et al., 13 Respondents. 14 15 In this habeas corpus action, on August 20, 2018, the Court ruled on the 16 Respondents’ motion to dismiss, dismissed certain of the Petitioner’s claims, and ordered 17 the Respondents to file an answer responding to the Petitioner’s remaining claims within 18 90 days. (See ECF No. 34 (Order entered August 20, 2018).) The deadline for the answer 19 was subsequently extended by 45 days, to January 3, 2019. (See ECF No. 36 (Order 20 entered November 20, 2018).) 21 On January 3, 2019, Respondents filed a motion for an extension of time (ECF No. 22 37), requesting a further 46-day extension, to February 18, 2019, for the answer. As 23 February 18 is a holiday, the extension requested by Respondents would actually be for 24 47 days, to February 19, 2019. Petitioner, Jeremy Turner, filed an opposition to the motion 25 for extension of time on January 10, 2019. (ECF No. 38.) Respondents’ counsel states 26 that the extension of time is necessary primarily because of her obligations in other cases. 27 /// 28 /// 1 The Court finds that Respondents’ motion for extension of time is made in good 2 faith and not solely for the purpose of delay, and that there is good cause for the extension 3 of time requested. The Court will grant the extension of time. However, in view of the 4 amount of time that Respondents will have had to file their answer, the Court will not look 5 favorably upon any motion to further extend this deadline. 6 It is therefore ordered that Respondents’ Motion for Enlargement of Time (Second 7 Request) (ECF No. 37) is granted. Respondents will have until February 19, 2019, to file 8 their answer. 9 It is further ordered that, in all other respects, the schedule for further proceedings 10 set forth in the order entered April 4, 2017 (ECF No. 5) will remain in effect; under that 11 order, the Petitioner will have 60 days, after Respondents’ file their answer, to file a reply 12 to the answer. 13 DATED THIS 11th day of January 2019. 14 15 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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