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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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 MATTHEW MYERS, 5 6 7 Case No. 3:23-cv-00293-ART-CLB Petitioner, ORDER v. JOHN HENLEY, et al., 8 Respondents. 9 10 In this habeas corpus action, after a 90-day initial period and two 90-day 11 extensions of time, Petitioner Matthew Myers, represented by appointed counsel, 12 was to file an amended habeas petition by May 7, 2024. (See ECF Nos. 12, 16, 13 18.) On May 7, 2024, Myers filed a motion for extension of time (ECF No. 20), 14 requesting a third extension of time. Myers’s counsel asks for “an extension of 90 15 days from May 7, 2024 to September 10, 2024.” (ECF No. 20 at 1; see also id. at 16 2.) But an extension from May 7 to September 10 would be a 126-day extension; 17 an extension of 90 days would extend the due date to August 5. 18 Myers’s counsel states that the extension of time is necessary because of 19 the time it is taking to investigate the case and determine what claims to assert 20 in the amended petition. Myers’s counsel represents that the respondents do not 21 oppose the extension of time. The Court finds that the motion for extension of 22 time is made in good faith and not solely for the purpose of delay, and that there 23 is good cause for an extension of time. The Court will grant Myers a 90-day 24 extension. 25 The Court does not intend in this order, or in any order extending the time 26 for an amended petition, to comment upon, or affect in any manner, the operation 27 of any applicable statute of limitations. 28 1 1 It is therefore ordered that Petitioner’s Motion for Extension of Time (ECF 2 No. 20) is granted. Petitioner will have until and including August 5, 2024, to file 3 an amended petition for writ of habeas corpus. In all other respects, the schedule 4 for further proceedings set forth in the scheduling order entered August 11, 2023 5 (ECF No. 12) will remain in effect. 6 7 8 DATED THIS 8th day of May 2024. 9 10 11 12 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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