Nelson v. Warden Filson et al

Filing 55

ORDERED that Petitioner's motion for extension of time (ECF No. 54 ) is GRANTED. Petitioner will have until and including April 6, 2021, to file a reply in support of his motion for evidentiary hearing (ECF No. 48 ). IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order filed March 12, 2019 (ECF No. 22 ) will remain in effect. Signed by Judge Robert C. Jones on 3/30/2021. (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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CHARLES NELSON,

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

Petitioner,

ORDER GRANTING MOTION FOR
EXTENSION OF TIME (ECF NO. 54)

v.
WILLIAM GITTERE, et al.,
Respondents.

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

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appointed counsel, filed his second amended habeas petition on July 30, 2020 (ECF

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No. 42). On September 28, 2020, Respondents filed a motion to dismiss the second

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amended petition (ECF No. 44). On December 28, 2020, Nelson filed an opposition to

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the motion to dismiss (ECF No. 47) and a motion for evidentiary hearing (ECF No. 48).

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On March 2, 2021, Respondents filed a reply in support of their motion to dismiss (ECF

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No. 52) and an opposition to the motion for evidentiary hearing (ECF No. 53). Nelson

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was then due to file a reply in support of his motion for evidentiary hearing by March 22,

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2021. See Order entered March 12, 2019 (ECF No. 22) (20 days for reply).

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On March 22, 2021, Nelson filed a motion for extension of time (ECF No. 54),

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requesting a 15-day extension of time, to April 6, 2021, to file his reply in support of his

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motion for evidentiary hearing. Nelson’s counsel states that this extension of time is

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necessary because of a calendaring error, because of obligations in other cases, and

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because of personal obligations. The Court finds that the motion for extension of time is

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

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for the requested extension of time.

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

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(ECF No. 54) is GRANTED. Petitioner will have until and including April 6, 2021, to file

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a reply in support of his motion for evidentiary hearing.
IT IS FURTHER ORDERED that, in all other respects, the schedule for further

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

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effect.

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DATED THIS 30th day of March, 2021.

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ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE

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