Hernandez v. Henley

Opinion

4 UNITED STATES DISTRICT COURT

5 DISTRICT OF NEVADA

7 FERNANDO NAVARRO HERNANDEZ, Case No. 3:09-cv-00545-LRH-CSD

8 Petitioner, ORDER GRANTING 9 v. MOTION FOR EXTENSION OF TIME (ECF NO. 315) 10 WILLIAM GITTERE, et 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)), a 19 91-day extension of time (ECF No. 310), a 60-day extension of time (ECF No. 312), and 20 a 45-day extension of time (ECF No. 314), Respondents’ amended answer was due on 21 March 13, 2023. 22 On March 13, 2023, Respondents filed a motion for extension of time (ECF 23 No. 315), requesting a further 4-day extension of time, to March 17, 2023, for their 24 amended answer. Respondents’ counsel states that Hernandez, who is represented by 25 appointed counsel, does not oppose the motion for extension of time. 26 The Court finds that the motion for extension of time is made in good faith and 27 not solely for the purpose of delay, and that there is good cause for the extension of 1 IT IS THEREFORE ORDERED that Respondents’ Motion for Enlargement 2 || of Time (ECF No. 315) is GRANTED. Respondents will have until and including 3 || March 17, 2023, to file their amended answer. 4 IT IS FURTHER ORDERED that, in all other respects, the schedule for further 5 || proceedings set forth in the order entered February 20, 2015 (ECF No. 94) will remain 6 || in effect. 7 IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 8 || 25(d), William Gittere is substituted for William Reubart as the respondent warden. The 9 || Clerk of the Court is directed to update the docket to reflect this change. 10 1 DATED THIS 14! day of March, 2023.

12 1, ly ° 13 LARRY R. HICKS 14 UNITED STATES DISTRICT JUDGE

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