Lazos v. Parks

Opinion

AARON D. FORD } Attorney General DAVID A. BAILEY, Bar No. 13661 Deputy Attorney General State of Nevada N. Carson Street Carson City, Nevada 89701-4717 Tel: (775) 684-1163 E-mail: dabailey@ag.nv.gov Attorneys for Defendants under Limited Notice of Appearance FELIPE P. LAZOS, JR., Case No. 3:22-cv-00099-RCJ-CLB Plaintiff, DEFENDANTS’ MOTION FOR lly, EXTENSION OF TIME [FIRST REQUEST] ERIN PARKS, et al., Defendant. Defendants Michael Minev and Erin Parks, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and David A. Bailey, Deputy Attorney General, hereby request this Court to extend Defendants’ deadline to respond to Plaintiff Felipe Lazos, Jr.’s Emergency Motion (ECF No. 3). This motion is based on Federal Rule of Civil Procedure 6(b)(1)(A), LR 1A 6-1, the following Memorandum of Points and Authorities, and all papers and pleadings on file in this case, and such other and further information as this Court may deem appropriate to consider. This is a pro se prisoner civil rights action brought by inmate Plaintiff Filipe Lazos, Jv. #67232), currently housed at Lovelock Correctional Center, asserting claims arising under 42 U.S.C. § 1983. ECF No. 8. Following judicial screening under 42 U.S.C. § 1915A,

Court allowed one claim to proceed alleging deliberate indifference to a serious medical need. ECF No. 7 at 6. Courts have inherent powers to control their dockets, see Ready Transp., Inc. v. AAR Mfg, Inc., 627 F.3d 402, 404 (citations omitted), and to “achieve the orderly and expeditious disposition of cases.” Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991). “Such power is indispensable to the court’s ability to enforce its orders, manage its docket, and regulate /insubordinate... conduct.” See Wallace v. U.S.A.A. Life General Agency, Inc., 862 F. Supp. 2d 1062, 1068 (D. Nev. Sept. 30, 2010) (citing Mazzeo v. Gibbons, No. 2:08—cv013887—RLH— PAL, 2010 WL 38910072, at *2 (D.Nev.2010)). LR IA 6-1 discusses requests for continuances. The rule states: (a) A motion or stipulation to extend time must state the reasons for the extension requested and must inform the court of all previous extensions of the subject deadline the court granted. (Examples: “This is the first stipulation for extension of time to file motions.” “This is the third motion to extend time to take discovery.”) This is the first request to extend this deadline and is requested for good cause. Defendants’ research into Plaintiff's claims has revealed that the procedure he has /requested has been approved and is in the process of being scheduled. Defendants, therefore, request a seven-day extension of time to respond to Plaintiffs Emergency Motion. This request for an additional week to respond will not hinder Lazos’s prosecution of his case. Defendants assert that the requisite good cause is present to warrant the W///

requested extension of time, and that this request is made in good faith and not for the purpose of delay. DATED this 13th day of May 2022. Attorney General

By: /s/ David A. Bailey DAVID A. BAILEY, Bar No. 13661 Deputy Attorney General Attorneys for Defendant iT IS SO ORDERED. Dated: May 16, 2022 .

UNITED STATES GISTRATE JUDGE

I certify that Iam an employee of the Office of the Attorney General, State of Nevada that on thisl3th day of May, 2022, I caused to be served a copy of the foregoing, DEFENDANTS’ MOTION FOR EXTENSION OF TIME [FIRST REQUEST], U.S. District Court CM/ECF Electronic Filing to: Felipe P. Lazos, Jr., #67232 1200 Prison Road Lovelock, Nevada 89419-5110

/s/ Karen Easton An employee of the Office of the Attorney General