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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSE ANTONIO RODRIGUEZ,

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Case No. 3:23-cv-00660-MMD-CLB
Petitioner,

ORDER

v.
DAVID A. HARDY, et al.,

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Respondents.

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In this habeas corpus action, Petitioner Jose Antonio Rodriguez, who is

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represented by appointed counsel, was scheduled to file an amended habeas petition by

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May 9, 2024. (ECF No. 6.) On May 9, 2024, Rodriguez filed a motion for extension of time

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(ECF No. 8), requesting a 91-day extension to August 8, 2024. Rodriguez’s counsel

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states that they need the extension because of personal medical issues. (ECF No. 8 at

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2.) Counsel adds that Rodriquez has completed his direct appeal in state court but has

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not yet pursued state post-conviction remedies. (Id.) This would be the first extension of

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this deadline. The Court finds that the motion for extension of time is made in good faith

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and not solely for the purpose of delay, and that there is good cause for the extension of

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time requested.

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Given that Rodriguez has yet to pursue state post-conviction remedies, there may

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be reason to stay this case pending completion of Rodriguez’s state post-conviction

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proceedings, instead of repeatedly extending the time for the amended petition pending

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completion of the state post-conviction proceedings while this case remains open but

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effectively inactive. If Rodriguez, in consultation with counsel, believes a stay would be

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appropriate, the Court would invite a motion, or perhaps a stipulation if Respondents

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agree, requesting such a stay. However, in suggesting that such a motion or stipulation
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may be called for, the Court expresses no opinion on and does not intend to affect in any

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manner the operation of any applicable statute of limitations.

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It is therefore ordered that Petitioner’s Motion for Extension of Time (ECF No. 8) is

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granted. Petitioner will have until and including August 8, 2024, to file an amended petition

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for writ of habeas corpus. In all other respects, the schedule for further proceedings set

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forth in the order entered February 9, 2024, (ECF No. 6) remains in effect.

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DATED THIS 10th day of May 2024.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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