Sampson v. Russell et al

Filing 67

ORDER granting ECF No. 66 Motion to Extend Time : Sampson will have until and including July 18, 2023, to file his reply to Respondents' answer (ECF No. 65 ). In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2020 (ECF No. [6)] will remain in effect. It is further ordered that, under Federal Rule of Civil Procedure 25(d), Nethanjah Breitenbach is substituted for Perry Russell as the respondent warden. The Clerk of Court is directed to update the docket to reflect this change. Signed by Chief Judge Miranda M. Du on 5/19/2023. (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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WILLIE SAMPSON,
Petitioner,

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Case No. 3:20-cv-00615-MMD-CSD
ORDER

v.
NETHANJAH BREITENBACH, et al.,
Respondents.

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In this habeas corpus action, Respondents filed their answer on April 3, 2023.

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(ECF No. 65.) Petitioner Willie Sampson, who is represented by appointed counsel, then

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had 45 days—until May 18, 2023—to file a reply. (ECF No. 6 (Scheduling Order).)

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On May 18, 2023, Sampson filed a motion for extension of time (ECF No. 66

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(“Motion”)), requesting an extension of time to July 18, 2023—a 61-day extension—for

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his reply. Sampson’s counsel states that this extension of time is necessary because she

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only appeared on behalf of Sampson, as his lead counsel in this case, on March 8, 2023

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(ECF No. 63), and because of her obligations in other cases. Sampson’s counsel

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represents that Respondents do not oppose the Motion. The Court finds that the Motion

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

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for the extension of time requested.

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It is therefore ordered that Sampson’s Motion to Extend Time (ECF No. 66) is

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granted. Sampson will have until and including July 18, 2023, to file his reply to

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Respondents’ answer.

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It is further ordered that, in all other respects, the schedule for further proceedings
set forth in the order entered December 4, 2020 (ECF No. 6) will remain in effect.

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It is further ordered that, under Federal Rule of Civil Procedure 25(d), Nethanjah

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Breitenbach is substituted for Perry Russell as the respondent warden. The Clerk of Court

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is directed to update the docket to reflect this change.

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DATED THIS 19th Day of May 2023.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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