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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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

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