Posey v. State of Nevada

Opinion

1 DISTRICT OF NEVADA 3 4 Anthony Posey, Case No. 2:24-cv-01123-CDS-BNW

5 Petitioner Order Granting a Final Extension Time and Denying Motions for Summary Judgment 6 v.

7 Ronald Oliver, et al., [ECF Nos. 28, 29, 35, 45, 48] 8 Respondents

10 Since receiving one extension of time to file their response to the petitioner’s amended 11 petition for writ of habeas corpus (ECF No. 26), respondents have filed three additional motions 12 to extend the time. ECF Nos. 28, 35, 48. I find that respondents’ motions are in good faith and not 13 solely for the purpose of delay. However, I note that my order directing a response to the petition 14 was entered November 4, 2024, and the original deadline for the response was January 5, 2025. See 15 ECF No. 20. Thus, I will allow a final extension to July 7, 2025, but not permit any additional 16 extensions in the absence of extraordinary circumstances. 17 Also pending before me are two motions for summary judgment filed by the petitioner. 18 ECF Nos. 29. Because they are premised on respondents’ alleged failure to file a timely response to 19 his petition, the motions are effectively seeking a default judgment. Default judgments are 20 inappropriate in the habeas context. Gordon v. Duran, 895 F.2d 610, 612 (9th Cir. 1990). Thus, the 21 motions will be denied. 22 Conclusion 23 I therefore order that respondents’ most recent motion to extend time [ECF No. 48] is 24 granted. Their response to the amended petition (ECF No. 10) is due July 7, 2025. With this 25 extension, respondents’ prior motions for an extension of time [ECF Nos. 28, 35] are rendered 26 and are denied as such. Respondent will not be granted a further extension in the absence extraordinary circumstances. 3 I further order that petitioner’s motions for summary judgment [ECF Nos. 29, 45] are 4 denied. *) 5 Dated: June 11, 2025 /, /

7 Crist} aD. va J niéed States District Judge 8 L , 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26