Nelson v. Warden Filson et al

Filing 33

ORDER that Petitioner's motion for extension of time (ECF No. 32 ) is granted; Second amended habeas petition due by 10/8/2019; in all other respects, the schedule for further proceedings set forth in the order entered March 12, 2019 (ECF No. 22 ) will remain in effect. Signed by Judge Robert C. Jones on 7/8/2019. (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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CHARLES NELSON,

Case No. 3:18-cv-00029-RCJ-CBC

Petitioner,
ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF No. 32)

v.
WILLIAM GITTERE, et al.,
Respondents.

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This action is a petition for writ of habeas corpus by Nevada prisoner Charles

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Nelson. The Court appointed counsel for Nelson on February 6, 2018 (ECF No. 5),

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but, on February 26, 2019, the Court granted that attorney’s motion to withdraw

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(ECF No. 21). On March 12, 2019, the Court appointed new counsel for Nelson and set

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a deadline of July 10, 2019, for Nelson to file a second amended habeas petition

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(ECF No. 22).

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On July 5, 2019, Nelson filed a motion for extension of time (ECF No. 32),

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requesting a 90-day extension of time, to October 8, 2019, to file his second amended

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petition. Nelson’s counsel states that the extension of time is necessary because of the

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complexity of this case and his need to obtain and review materials related to the state-

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court proceedings. Respondents do not oppose the motion for extension of time.

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The Court finds that Nelson’s motion for extension of time is made in good faith

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

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time requested.

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IT IS THEREFORE ORDERED that Petitioner’s motion for extension of time (ECF

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No. 32) is GRANTED. Petitioner will have until and including October 8, 2019, to file his

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second amended habeas petition.

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

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proceedings set forth in the order entered March 12, 2019 (ECF No. 22) will remain in

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effect.

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8th
July, 2019.
DATED THIS ___ day of ____________________, 2019.

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ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE

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