Lara v. Baker et al

Filing 13

ORDER granting Motion to Extend Time (ECF No. 12 ) : Amended Petition due by 2/14/2018. In all other respects, the schedule for further proceedings set forth in the order entered November 3, 2017 (ECF No. 10 ) will remain in effect. Signed by Judge Miranda M. Du on 2/2/2018. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FRANCISCO A. LARA,

Case No. 3:17-cv-00544-MMD-WGC
Petitioner,

ORDER

v.

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WARDEN BAKER, et al.,
Respondents.

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In this habeas corpus action, the Court has appointed counsel for the petitioner,

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Nevada prisoner Francisco A. Lara. See Order entered October 13, 2017 (ECF No. 5).

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After counsel appeared for Lara, and for the respondents as well, the Court entered a

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scheduling order. Under the scheduling order, Lara was granted leave to file an amended

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petition and the amended petition was due February 1, 2018. See Order entered

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November 3, 2017 (ECF No. 10).

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On February 1, 2018, petitioner filed a motion for extension of time (ECF No. 12),

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requesting an extension of time to February 14, 2018 — a 13-day extension — for his

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amended petition. This would be the first extension of this deadline. Petitioner’s counsel

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states that the extension of time is necessary because of the time necessary to gather

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and file records related to the case, and draft the amended petition. The respondents do

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not oppose the extension of time. The Court finds that petitioner’s motion for extension of

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time is made in good faith and not solely for the purpose of delay, and that there is good

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cause for the extension of time requested.

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It is therefore ordered that petitioner's Motion for Extension of Time (ECF 12) is

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granted. Petitioner will have until and including February 14, 2018, to file an amended

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petition for writ of habeas corpus. In all other respects, the schedule for further

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proceedings set forth in the order entered November 3, 2017 (ECF No. 10) will remain in

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effect.

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DATED THIS 2nd day of February 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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