Myers v. Breitenbach et al

Filing 16

ORDER granting ECF No. 14 Motion to Extend Time. Amended Petition due by 2/7/2024. The schedule for further proceedings set forth in the scheduling order entered August 11, 2023 (ECF No. 12 ) will remain in effect. Signed by District Judge Anne R. Traum on 11/13/2023. (Copies have been distributed pursuant to the NEF - GA)

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4

MATTHEW MYERS,

5
6
7
8

Case No. 3:23-cv-00293-ART-CLB
Petitioner,

ORDER

v.
NETHANJAH BREITENBACH, et al.,
Respondents.

9
10

In this habeas corpus action, after a 90-day initial period, Petitioner

11

Matthew Myers, represented by appointed counsel, was to file an amended

12

habeas petition by November 9, 2023. (See ECF No. 12.)

13

On November 9, 2023, Myers filed a motion for extension of time (ECF Nos.

14

14, 15), requesting a 90-day extension of the time, to February 7, 2024, to file his

15

amended petition. Myers’s counsel states that the extension of time is necessary

16

because of the time it is taking to investigate the case. Myers’s counsel represents

17

that the respondents do not oppose the extension of time. The Court finds that

18

the motion for extension of time is made in good faith and not solely for the

19

purpose of delay, and that there is good cause for the extension of time requested.

20

It is therefore ordered that Petitioner’s Motion for Extension of Time (ECF

21

Nos. 14, 15) is granted. Petitioner will have until and including February 7, 2024,

22

to file his amended petition for writ of habeas corpus. In all other respects, the

23

schedule for further proceedings set forth in the scheduling order entered August

24

11, 2023 (ECF No. 12) will remain in effect.

25

DATED THIS 13th day of November 2023.

26
27
28

ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

1