Guzman v. State of Nevada et al

Filing 78

ORDER - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargementof Time (ECF No. 77 ) is GRANTED. Respondents will have until and including October 7, 2022, to file their answer (10/7/2022). IT IS FURTHER ORDERED t hat, in all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 8/24/2022. (Copies have been distributed pursuant to the NEF - CJD)

Case 3:17-cv-00515-HDM-CLB Document 78 Filed 08/24/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARCO GUZMAN,

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Petitioner,

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v.

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Case No. 3:17-cv-00515-HDM-CLB
ORDER

CALVIN JOHNSON, et al.,
Respondents.

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In this habeas corpus action, after a 120-day period following the resolution of

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the respondents’ motion to dismiss, and a 60-day extension of time, Respondents were

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due to file an answer by August 23, 2022. See Order entered February 24, 2022 (ECF

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No. 74) (resolving motion to dismiss); Order entered June 27, 2022 (60-day extension).

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On August 23, 2022, Respondents filed a motion for extension of time (ECF

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No. 77), requesting a further 45-day extension of time, to October 7, 2022.

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

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demands of her current case load and because Guzman’s petition includes numerous

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claims. Guzman does not oppose the motion for extension of time.

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The Court finds that Respondents’ motion for extension of time is made in good

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

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of time requested. The Court will grant the extension of time as requested. However, in

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view of the amount of time that Respondents will have had to file their answer—over

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seven months—the Court will not look favorably upon any further motion to extend this

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deadline.

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IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement

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of Time (ECF No. 77) is GRANTED. Respondents will have until and including

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October 7, 2022, to file their answer.
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Case 3:17-cv-00515-HDM-CLB Document 78 Filed 08/24/22 Page 2 of 2

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

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proceedings set forth in the order entered January 19, 2021 (ECF No. 54) will remain in

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effect.

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DATED THIS 24th day of August, 2022.

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HOWARD D. MCKIBBEN
UNITED STATES DISTRICT JUDGE

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