Rodriguez v. Hardy et al
Filing
9
ORDER granting 8 Motion to Extend Time. Amended Petition due by 8/8/2024. Signed by Chief Judge Miranda M. Du on 5/10/2024. (Copies have been distributed pursuant to the NEF - DLS)
1
2
3
UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA
5
***
6
JOSE ANTONIO RODRIGUEZ,
7
8
9
Case No. 3:23-cv-00660-MMD-CLB
Petitioner,
ORDER
v.
DAVID A. HARDY, et al.,
10
Respondents.
11
12
In this habeas corpus action, Petitioner Jose Antonio Rodriguez, who is
13
represented by appointed counsel, was scheduled to file an amended habeas petition by
14
May 9, 2024. (ECF No. 6.) On May 9, 2024, Rodriguez filed a motion for extension of time
15
(ECF No. 8), requesting a 91-day extension to August 8, 2024. Rodriguez’s counsel
16
states that they need the extension because of personal medical issues. (ECF No. 8 at
17
2.) Counsel adds that Rodriquez has completed his direct appeal in state court but has
18
not yet pursued state post-conviction remedies. (Id.) This would be the first extension of
19
this deadline. The Court finds that the motion for extension of time is made in good faith
20
and not solely for the purpose of delay, and that there is good cause for the extension of
21
time requested.
22
Given that Rodriguez has yet to pursue state post-conviction remedies, there may
23
be reason to stay this case pending completion of Rodriguez’s state post-conviction
24
proceedings, instead of repeatedly extending the time for the amended petition pending
25
completion of the state post-conviction proceedings while this case remains open but
26
effectively inactive. If Rodriguez, in consultation with counsel, believes a stay would be
27
appropriate, the Court would invite a motion, or perhaps a stipulation if Respondents
28
agree, requesting such a stay. However, in suggesting that such a motion or stipulation
1
1
may be called for, the Court expresses no opinion on and does not intend to affect in any
2
manner the operation of any applicable statute of limitations.
3
It is therefore ordered that Petitioner’s Motion for Extension of Time (ECF No. 8) is
4
granted. Petitioner will have until and including August 8, 2024, to file an amended petition
5
for writ of habeas corpus. In all other respects, the schedule for further proceedings set
6
forth in the order entered February 9, 2024, (ECF No. 6) remains in effect.
7
DATED THIS 10th day of May 2024.
8
9
10
11
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?