Guzman v. State of Nevada et al

Filing 31

ORDER that petitioner's Motion for Extension of Time ECF No. 30 is GRANTED IN PART AND DENIED IN PART; petitioner to response to the motion to dismiss ECF No. 28 is extended to 11/29/2018; in all other respects, the schedule for further proceedings set forth in the order ECF No. 8 will remain in effect. Signed by Judge Howard D. McKibben on 10/17/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Marco Guzman,
Petitioner

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Order
v.

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Case No. 3:17-cv-00515-HDM-CBC

Attorney General, et al.,

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Respondents.

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In this habeas corpus action, on October 15, 2018, the petitioner, Marco

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Guzman, filed a motion for an extension of time (ECF No. 30), requesting a 60-day

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extension of time, to December 14, 2018, to respond to the respondents’ motion to

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dismiss (ECF No. 28), which was filed on August 14, 2018. This would be the first

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extension of this deadline. Petitioner’s counsel states that the extension of time is

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necessary because of his obligations in other cases. Respondents do not oppose the

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motion for extension of time.
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 an extension of

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time. However, the Court determines that the requested 60-day extension is excessive.

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The Court will grant a 45-day extension. In view of the amount of time Guzman will have

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had to respond to the motion to dismiss, the Court will not look favorably upon any

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motion to further extend this deadline.

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IT IS THEREFORE ORDERED that petitioner's Motion for Extension of Time

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(ECF No. 30) is GRANTED IN PART AND DENIED IN PART. The time for the

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petitioner to respond to the motion to dismiss (ECF No. 28) is extended by 45 days, to

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November 29, 2018.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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proceedings set forth in the order entered October 2, 2017 (ECF No. 8) will remain in

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effect.

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DATED THIS 17th day of ______________________, 2018.
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October

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HOWARD D. MCKIBBEN,
UNITED STATES DISTRICT JUDGE

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