Lara v. Baker et al

Filing 47

ORDER that Respondents' Motion for Enlargement of Time (ECF No. 46 ) is granted. Respondents will have until and including August 16, 2019, to file their response to Petitioner's reply. Signed by Judge Miranda M. Du on 8/7/2019. (Copies have been distributed pursuant to the NEF - LH)

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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,

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v.

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ORDER GRANTING
MOTION FOR EXTENSION OF TIME
(ECF NO. 46)

WARDEN BAKER, et al.,
Respondents.

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In this habeas corpus action, brought by Nevada prisoner Francisco A. Lara,

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Respondents filed their answer on November 19, 2018 (ECF No. 32), and Lara filed a

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reply on May 1, 2019 (ECF No. 39). After two 31-day extensions of time, Respondents

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were to file a response to Lara’s reply by August 1, 2019. (See Order entered November

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3, 2017 (ECF No. 10); Order entered June 5, 2019 (ECF No. 42); Order entered July 5,

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2019 (ECF No. 45).)

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On July 31, 2019, Respondents filed another motion for extension of time (ECF

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No. 46), this time requesting another 15 days, to August 16, 2019. Respondents’ counsel

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states that the extension of time is necessary because of her obligations in other cases.

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Lara does not oppose the motion for extension of time. The Court finds that the motion

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

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that there is good cause for the extension of time requested. The Court will grant this third

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extension of time. However, given the time that Respondents will have had to file their

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sur-reply (three and a half months), the Court will not be inclined to further extend this

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deadline.

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///

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It is therefore ordered that Respondents’ Motion for Enlargement of Time (ECF No.

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46) is granted. Respondents will have until and including August 16, 2019, to file their

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response to Petitioner’s reply.

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DATED THIS 7th day of August 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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