Dow v. State of Nevada et al

Filing 26

ORDER - It is therefore ordered that Petitioner Andre Dow's unopposed motion for leave to file first amended petition ECF No. 14 is granted. It is further ordered that Respondents' unopposed first motion for enlargement of time ECF No. 24 is granted. Respondents have until December 27, 2024, to file his amended petition. Signed by District Judge Anne R. Traum on 11/22/2024. (Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANDRE DOW,
v.

Case No. 3:23-cv-00529-ART-CLB
Petitioner,

ORDER

STATE OF NEVADA,

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Respondents.

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Petitioner Andre Dow moves for leave to file his first amended petition for
writ of habeas corpus (ECF No. 14). Dow tentatively calculated the federal statute
of limitations under 28 U.S.C. § 2244(d) and he requests leave to file his first
amended petition as a protective petition. In addition, because the Court
previously set the deadline for Dow to file an amended petition for October 28,
2024, he requests that the Court preserve the October 28, 2024, deadline for
filing a second amended petition. Dow, however, has not filed a second amended
petition or renewed his request to file a second amended petition. Respondents
do not oppose Dow’s motion. Pursuant to Rule 15(a)(2) of the Federal Rules of
Civil Procedure and the Scheduling Order (ECF No. 9), the Court finds that leave
to amend is appropriate.
In addition, Respondents move for an extension of time to file their
response to Dow’s first amended petition. (ECF No. 24.) The Court finds the
request is made in good faith and not solely for the purpose of delay, and therefore
good cause exists to grant the motion.
It is therefore ordered that Petitioner Andre Dow’s unopposed motion for
leave to file first amended petition (ECF No. 14) is granted.

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It is further ordered that Respondents’ unopposed first motion for

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enlargement of time (ECF No. 24) is granted. Respondents have until December

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27, 2024, to file his amended petition.

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DATED THIS 22nd day of November 2024.

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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

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