Myers v. Breitenbach et al

Filing 21

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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