Patten v. Garrett et al

Filing 28

ORDER - It is therefore ordered that Petitioner's unopposed motion for extension of time to file an amended petition ECF No. 27 is granted nunc pro tunc. The deadline to file the petition is extended to January 22, 2025. Signed by Judge Miranda M. Du on 11/25/2024. (Copies have been distributed pursuant to the NEF - GA)

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5
6

***
KODY CREE PATTEN,

7
8
9

Case No. 3:22-cv-00310-MMD-CLB
Petitioner,

ORDER

v.
GARRETT, et al.,

10
Respondents.

11
12

Kody Cree Patten seeks an extension of time to file an amended 28 U.S.C. § 2254

13

petition for a writ of habeas corpus. (ECF No. 27.) Patten was convicted at age 19 of first-

14

degree murder and is sentenced to life without the possibility of parole. Counsel for Patten

15

states that the defense team’s investigation—which has involved out of state travel to

16

interview witnesses—continues, and four more witnesses have been identified. Counsel

17

also explains that their office has been unable to open electronic discovery sent from prior

18

counsel, and their IT team is working to access the data. The Court finds the request is

19

made in good faith and not for the purposes of delay, and therefore, good cause exists to

20

grant the extension.

21

It is therefore ordered that Petitioner’s unopposed motion for extension of time to

22

file an amended petition (ECF No. 27) is granted nunc pro tunc. The deadline to file the

23

petition is extended to January 22, 2025.

24

DATED THIS 25th Day of November 2024.

25
26
27
28

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE