Guzman v. State of Nevada et al

Filing 80

ORDER - Respondents' Motion for Enlargement of Time (ECF No. 79 ) is GRANTED. Respondents will have until and including November 10, 2022, to file their answer. 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 10/13/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:17-cv-00515-HDM-CLB Document 80 Filed 10/13/22 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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CALVIN JOHNSON, et al.,

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Respondents.

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

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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, a 60-day extension of time, and a 45-day extension

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of time, Respondents were due to file an answer by October 7, 2022. See Order

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entered February 24, 2022 (ECF No. 74) (resolving motion to dismiss); Order entered

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June 27, 2022 (ECF No. 76) (60-day extension); Order entered August 24, 2022 (ECF

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No. 78) (45-day extension).

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On October 7, 2022, Respondents filed a motion for extension of time (ECF

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No. 79), requesting a further 34-day extension of time, to November 10, 2022.

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

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obligations in other cases and because of illness. Respondents’ counsel represents that

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Petitioner Marco Guzman, represented by appointed counsel, does not oppose the

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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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eight months—the Court will not be inclined to further extend this deadline absent

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extraordinary circumstances

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Case 3:17-cv-00515-HDM-CLB Document 80 Filed 10/13/22 Page 2 of 2

IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement

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of Time (ECF No. 79) is GRANTED. Respondents will have until and including

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November 10, 2022, to file their answer.
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 13th day of October, 2022.

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HOWARD D. MCKIBBEN
UNITED STATES DISTRICT JUDGE

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