Nelson v. Warden Filson et al

Filing 41

ORDER - Petitioner's Motion (ECF No. 40 ) is GRANTED. Petitioner will have until and including July 31, 2020, to file his Second Amended Habeas Petition. In all other respects, the schedule for further proceedings set forth in the ECF No. 22 Order will remain in effect. Signed by Judge Robert C. Jones on 4/28/2020. (Copies have been distributed pursuant to the NEF - AB)

1
UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8
9

CHARLES NELSON,

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

Petitioner,
ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 40)

v.
WILLIAM GITTERE, et al.,
Respondents.

10
11
12

In this habeas corpus action, the petitioner, Charles Nelson, represented by

13

appointed counsel, was due, after three extensions of time totaling 271 days, to file a

14

second amended habeas petition by April 6, 2020. See Order filed July 8, 2019 (ECF

15

No. 33); Order filed October 7, 2019 (ECF No. 37); Order filed January 23, 2020 (ECF

16

No. 39).

17

On April 6, 2020, Nelson filed a motion requesting a fourth extension of time

18

(ECF No. 40). Nelson’s counsel states that this fourth extension of time is necessary

19

primarily because of difficulties caused by the COVID-19 pandemic. He represents that

20

this is a complex case; that Nelson is serving eight sentences of life without the

21

possibility of parole, three of them consecutive; that it took time to gather the extensive

22

record; that it took time to develop a good relationship with Nelson; that an investigator

23

was appointed on or about January 27, 2020; and that the investigation is ongoing but

24

has been hampered by restrictions caused by the COVID-19 pandemic. Under these

25

circumstances, the Court finds that the motion for a fourth extension of time is made in

26

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

27

extension of time.

28
1

Nelson requests an extension of time to about six weeks after the rescission of

1
2

the stay at home order that has been imposed due to the COVID-19 outbreak, and after

3

non-essential businesses reopen. The Court, however, prefers to set a date certain and

4

will set a due date at the end of July. The Court expects Nelson’s counsel and

5

investigator to do what work can reasonably and safely be done on this case while the

6

stay at home order is in place, and the Court expects counsel to make a good faith

7

effort to meet this due date. However, if restrictions resulting from the COVID-19

8

outbreak continue into the summer, and make this due date unworkable, Nelson may

9

move for a further extension of time.
IT IS THEREFORE ORDERED that Petitioner’s motion for extension of time

10
11

(ECF No. 40) is GRANTED. Petitioner will have until and including July 31, 2020, to file

12

his second amended habeas petition.
IT IS FURTHER ORDERED that, in all other respects, the schedule for further

13
14

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

15

effect.

16
17

DATED THIS 28th day of April, 2020.

18
19

ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
2