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. 320) 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 amended 16 reply by Respondents—in the wake of the Supreme Court’s decision in Shinn v. Ramirez, 17 142 S. Ct. 1718 (2022). See Order entered June 28, 2022 (ECF No. 307). Respondents 18 filed their amended answer on March 17, 2023 (ECF No. 317). Then, after a 45-day initial 19 period (ECF Nos. 94, 307) and a 91-day extension of time (ECF No. 319), Hernandez, 20 who is represented by appointed counsel, was due to file his amended reply by July 31, 21 2023. 22 On July 31, 2023, Hernandez filed a motion for extension of time (ECF No. 320), 23 requesting a 14-day extension of time, to August 14, 2023, for his amended reply. 24 Hernandez’s counsel states that this extension of time is necessary because of her 25 obligations in other cases. Hernandez’s counsel states that Respondents do not oppose 26 the motion for extension of time. 27 The Court finds that Hernandez’s motion for extension of time is made in good faith 1 || deadline. In the interests of allowing Hernandez sufficient time for this filing, but avoiding 2 || any further motion to extend this deadline, the Court will extend the time for Hernandez 3 || to file his amended reply by 45 days, to September 14, 2023. This, however, will be the 4 || last extension of this deadline. 5 IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time (ECF 6 || No. 320) is GRANTED. Petitioner will have until and including September 14, 2023, to 7 || file his amended reply. 8 IT IS FURTHER ORDERED that, in all other respects, the schedule for further 9 || proceedings set forth in the order entered February 20, 2015 (ECF No. 94) will remain in 10 || effect. 11 DATED this 8" day of August, 2023. 12 .

13 LARRY R. HICKS 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28