Marquez v. Baker et al

Filing 51

ORDER granting ECF No. 50 Unopposed Motion to Extend Time : Answer to ECF No. 20 Second Amended Petition due by 11/18/2022. Signed by Judge Robert C. Jones on 9/19/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:20-cv-00073-RCJ-CSD Document 51 Filed 09/19/22 Page 1 of 4

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

JOHNNY MARQUEZ,

11
12
13
14

Petitioner,
vs.
RENE BAKER, WARDEN, et al.,

Case No. 3:20-cv-00073-RCJ-WGC
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE
ANSWER TO SECOND AMENDED
PETITION (ECF NO. 20)
(FIRST REQUEST)

Respondents.

15
16

Respondents move this Court for an enlargement of time of sixty (60) days from the current due

17

date of September 19, 2022, up to and including November 18, 2022, in which to file their answer to the

18

Second Amended Petition (ECF No. 20). This Motion is made pursuant to FED. R. CIV. P. 6(b) and Rule

19

6-1 of the Local Rules of Practice and is based upon the attached declaration of counsel. This is the first

20

enlargement of time sought by Respondents to file an answer to the Second Amended Petition, and the

21

request is brought in good faith and not for the purpose of delay.

22

DATED: September 16, 2022.

23

Submitted by:

24

AARON D. FORD
Attorney General

25
26
27

By: Isl Erica Berrett
Erica Berrett (Bar. No. 13826)
Senior Deputy Attorney General

28

Page 1 of 4

Case 3:20-cv-00073-RCJ-CSD Document 51 Filed 09/19/22 Page 2 of 4

DECLARATION OF ERICA BERRETT

1

2
3

STATE OFNEVADA )
) ss:
COUNTY OFCLARK )

4

I, ERICA BERRETT, being first duly sworn under oath, depose and state as follows:

5

1.

I am an attorney licensed to practice law in all courts within the State of Nevada and am

6

employed as a Senior Deputy Attorney General in the Office of the Nevada Attorney General. I am

7

responsible to represent Respondents in Johnny Marquez v. Dwight Neven, et al., Case No. 3:20-cv-0073-

8

RCJ-WGC, and as such, have personal knowledge of the matters contained herein.

9

2.

This Motion is made in good faith and not for the purpose of delay.

10

3.

The answer to the Second Amended Petition (ECFNo. 20) is currently due September 19,

11
12

2022. I have been unable with due diligence to timely complete the answer.
4.

Since this Court issued its order denying Respondents' motion to dismiss and ordering

13

Respondents to file an answer, I have had to devote my time to drafting and filing several other federal

14

habeas pleadings, including a motion to dismiss in Sprowson v. Baker, et al., 3:20-cv-00170-MMD-CLB;

15

an opposition to motion for stay in Berman v. Nevada, et al, 2:21-cv-01359-APG-BNW; a response to

16

court order in Voss v. Olsen, et al., 3:22-cv-00174-MMD-CLB; an opposition to motion to seal in Tia.flay

17

v. Johnson, et al., 2:20-cv-02257-JAD-EJY; an opposition to motion to stay in Pritchett v. Gentry, et al.,

18

2:17-cv-01694-JAD-CWH; and a motion to dismiss in capital habeas matter Powell v. Reubart, et al.,

19

2:06-cv-01264-KJD-DJA. I am currently working on an answer another capital habeas matter, Byford v.

20

Reubart, et al., 3:11-cv-00112-JCM-CSD, which I need to prioritize, as it is already on a fourth extension.

21

5.

I have been diligently working on my caseload, including working many nights,

22

weekends, and holidays in recent weeks, in addition to normal business hours. However, despite these

23

efforts, I still have not been able to allot enough time to this matter to complete an answer.

24

6.

The Post-Conviction Division of the Nevada Attorney General's Office is presently

25

staffed by 12 full-time post-conviction attorneys, two attorneys who primarily work for other divisions,

26

and one legal researcher who is shared with other divisions. Among other duties, the attorneys in the

27

Post-Conviction Division respond to all federal habeas cases (in the district court and appeal), including

28

both capital and non-capital cases, all state habeas cases involving time-computation issues, challenges

Page 2 of 4

Case 3:20-cv-00073-RCJ-CSD Document 51 Filed 09/19/22 Page 3 of 4

1

to denial of parole, and disciplinary issues (in state district court and appeal), all extradition and rendition

2

matters, all wrongful conviction compensation cases, and all state direct appeals and post-conviction

3

petitions arising from Attorney General criminal prosecutions.

4

7.

I contacted Petitioner's counsel regarding this request, and she does not oppose.

5

8.

Based on the foregoing, I respectfully request an enlargement of time of sixty (60) days,

6

up to and including November 18, 2022, to file an answer to the Second Amended Petition.

7

I declare under penalty of perjury that the foregoing is true and correct.

8

Executed on September 16, 2022.

9
10

Isl Erica Berrett
Erica Berrett (Bar No. 13826)

11
12
13

IT IS SO ORDERED:

14
15
16
17

UNITED STATES DISTRICT JUDGE
September 19, 2022

DATED: -------------

18
19
20
21
22
23
24
25
26
27
28

Page 3 of 4

Case 3:20-cv-00073-RCJ-CSD Document 51 Filed 09/19/22 Page 4 of 4