Hernandez v. Henley

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 ? FERNANDO NAVARRO HERNANDEZ, _ | Case No. 3:09-cv-00545-LRH-CSD 8 Petitioner, SSPE Eso oF re (ECF NO. 311) WILLIAM REUBART, ef al., 11 Respondents. 12 13 in this capital habeas corpus action, the Court has ordered the parties to file 14 |} supplemental briefing—an amended answer by Respondents, followed by an amended 15 || reply by Petitioner Fernando Navarro Hernandez, followed by a response to the 16 || amended reply by Respondents—in the wake of the Supreme Court's decision in Shinn 17 || v. Ramirez, 142 S. Ct. 1718 (2022). See Order entered June 28, 2022 (ECF No. 307). 18 || Following a 60-day initial period (see Order entered June 28, 2022 (ECF No. 307)), and 19 || then a 91-day extension of time (see Order entered September 6, 2022 (ECF No, 310)), 20 || Respondents’ amended answer was due on November 28, 2022, 21 On November 22, 2022, Respondents filed a motion for extension of time 22 || (ECF No. 311), requesting a further 60-day extension of time, to January 27, 2023, for 23 || their amended answer. Respondents’ counsel states that this extension of time is 24 || necessary because of her obligations in other cases and her administrative duties at the 25 || office of the Nevada Attorney General. Respondents’ counsel states that Hernandez, 26 || who is represented by appointed counsel, does not oppose the motion for extension of 27 || time. 28

1 The Court finds that the motion for extension of time is made in good faith and 2 || not solely for the purpose of delay, and that there is good cause for the extension of 3} time requested. 4 IT 1S THEREFORE ORDERED that Respondents’ Motion for Enlargement 5 || of Time (ECF No. 311) is GRANTED. Respondents will have until and including 6 || January 27, 2023, to file their amended answer. 7 IT IS FURTHER ORDERED that, in all other respects, the schedule for further 8 |} proceedings set forth in the order entered February 20, 2015 (ECF No. 94) will remain 9 in effect. "0 11 DATED THIS 24 day of / ry. , 2022,

14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26