Nelson v. Warden Filson et al

Filing 13

ORDER GRANTING ECF No. 11 Motion to Extend Time : Amended Petition due by 9/4/2018. Signed by Judge Robert C. Jones on 6/18/2018. (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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CHARLES NELSON,

Case No. 3:18-cv-00029-RCJ-VPC
Petitioner,

ORDER

v.

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TIMOTHY FILSON, et al.,
Respondents.

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This action is a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254,

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by Charles Nelson, a Nevada prisoner. The Court has appointed counsel for Nelson, and,

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with counsel, Nelson was due to file an amended habeas petition by June 4, 2018. See

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Order entered 3/6/18 (ECF No. 9).

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On June 4, 2018, petitioner filed a motion for an extension of time (ECF No. 11),

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requesting a 92-day extension of time, to September 4, 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 the complexity of this case. There is no indication that

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respondents oppose the motion for extension of time. The Court finds that petitioner’s

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

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delay, and that there is good cause for the extension of time requested.

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The Court will grant the motion for extension of time. Petitioner and his counsel

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should take careful note, however: this order is not meant to toll, or otherwise effect,

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the running of any applicable statute of limitations.
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IT IS THEREFORE ORDERED that petitioner's Motion for Extension of Time (ECF

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No. 11) is GRANTED. Petitioner will have until September 4, 2018, to file an amended

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petition for writ of habeas corpus.

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IT IS FURTHER ORDERED that the Court will establish a schedule for further
proceedings in this action after petitioner files his amended petition.

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18th day of June, 2018.
DATED THIS ___ day of ____________________, 2018.

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ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE

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