Turner v. Baker et al

Filing 46

ORDER granting ECF No. 45 Respondents' Motion for Enlargement of Time to file an answer to the amended petition (ECF No. 27 ); Respondents answer due by 3/21/2019; in all other respects, the schedule for further proceedings set forth in the order entered April 4, 2017 (ECF No. 5 ) will remain in effect. Signed by Judge Miranda M. Du on 2/12/2019. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4
5
UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8
9

Case No. 3:17-cv-00139-MMD-WGC

JEREMY TURNER,

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, and then by 46 days, to

20

February 19, 2019. (See ECF No. 36 (Order entered November 20, 2018); ECF No. 39

21

(Order entered January 11, 2019).)

22

On February 8, 2019, Respondents filed a motion for an extension of time (ECF

23

No. 45), requesting a further 30-day extension, to March 21, 2019, for the answer.

24

Respondents’ counsel states that the extension of time is necessary because she only

25

recently, on January 18, 2019, was assigned responsibility for this case, and because of

26

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.

4
5

It is therefore ordered that Respondents’ Motion for Enlargement of Time (ECF No.
45) is granted. Respondents will have until March 21, 2019, to file their answer.

6

It is further ordered that, in all other respects, the schedule for further proceedings

7

set forth in the order entered April 4, 2017 (ECF No. 5) will remain in effect; under that

8

order, the Petitioner will have 60 days, after Respondents’ file their answer, to file a reply

9

to the answer.

10

DATED THIS 12th day of February 2019.

11
12

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2