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)

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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

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