Myers v. Breitenbach et al
Filing
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ORDER granting 20 Motion for Extension of Time. Amended Petition for Writ of Habeas Corpus due by 8/5/2024. Signed by District Judge Anne R. Traum on 5/8/2024. (Copies have been distributed pursuant to the NEF - DLS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MATTHEW MYERS,
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Case No. 3:23-cv-00293-ART-CLB
Petitioner,
ORDER
v.
JOHN HENLEY, et al.,
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Respondents.
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In this habeas corpus action, after a 90-day initial period and two 90-day
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extensions of time, Petitioner Matthew Myers, represented by appointed counsel,
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was to file an amended habeas petition by May 7, 2024. (See ECF Nos. 12, 16,
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18.) On May 7, 2024, Myers filed a motion for extension of time (ECF No. 20),
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requesting a third extension of time. Myers’s counsel asks for “an extension of 90
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days from May 7, 2024 to September 10, 2024.” (ECF No. 20 at 1; see also id. at
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2.) But an extension from May 7 to September 10 would be a 126-day extension;
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an extension of 90 days would extend the due date to August 5.
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Myers’s counsel states that the extension of time is necessary because of
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the time it is taking to investigate the case and determine what claims to assert
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in the amended petition. Myers’s counsel represents that the respondents do not
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oppose the extension of time. The Court finds that the motion for extension of
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time is made in good faith and not solely for the purpose of delay, and that there
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is good cause for an extension of time. The Court will grant Myers a 90-day
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extension.
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The Court does not intend in this order, or in any order extending the time
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for an amended petition, to comment upon, or affect in any manner, the operation
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of any applicable statute of limitations.
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It is therefore ordered that Petitioner’s Motion for Extension of Time (ECF
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No. 20) is granted. Petitioner will have until and including August 5, 2024, to file
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an amended petition for writ of habeas corpus. In all other respects, the schedule
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for further proceedings set forth in the scheduling order entered August 11, 2023
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(ECF No. 12) will remain in effect.
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DATED THIS 8th day of May 2024.
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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE
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