John Bejarano vs. Baker, et al (DEATH PENALTY), No. 2:1998cv01016 - Document 191 (D. Nev. 2015)

Court Description: ORDER granting 189 Motion to Extend Time to Reply re 186 Motion for Clarification and Reconsideration. ( Replies due by 9/8/2015.) Signed by Chief Judge Gloria M. Navarro on 9/1/15. (Copies have been distributed pursuant to the NEF - MMM)
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John Bejarano vs. Baker, et al (DEATH PENALTY) 1 2 3 4 5 6 7 8 9 10 11 Doc. 191 RENE L. VALLADARES Federal Public Defender Nevada Bar No. 11479 DAVID ANTHONY Assistant Federal Public Defender Nevada Bar No. 7978 David_Anthony@fd.org SANDI Y. CIEL Assistant Federal Public Defender California Bar No. 292946 411 E. Bonneville Ave., Ste. 250 Las Vegas, Nevada 89101 Tel: (702) 388-6577 Fax: (702) 388-5819 Attorneys for Petitioner 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 JOHN BEJARANO, 15 Petitioner, 16 17 18 19 vs. RENEE BAKER, Warden, ADAM PAUL LAXALT, Attorney General of the State of Nevada, Respondents. 20 Case No. 2:98-cv-1016-GMN-NJK PETITIONER’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE REPLY TO THE OPPOSITION TO MOTION FOR CLARIFICATION AND RECONSIDERATION (First Request) (Death Penalty Habeas Corpus Case) 21 22 Petitioner, John Bejarano, hereby requests an extension of time of fourteen 23 24 25 (14) days to file his reply to the State’s opposition to his motion for clarification and /// 26 27 28 Dockets.Justia.com 1 2 reconsideration. This request is made and based on the following declaration of counsel. 3 4 5 6 Respectfully submitted this 24th day of August 2015. RENE VALLADARES Federal Public Defender 7 8 9 /s/ David Anthony DAVID ANTHONY Assistant Federal Public Defender 10 11 12 IT IS SO ORDERED 13 14 15 16 ___________________________ Gloria M. Navarro, Chief Judge United States District Court 17 DATED: September 1, 2015. 18 19 20 21 22 23 24 25 26 27 28 2 1 DECLARATION OF DAVID ANTHONY 2 3 4 1. I am an attorney at law, admitted to practice before this Court, employed as an Assistant Federal Public Defender. I represent the petitioner, John 5 6 7 8 Bejarano, in this matter. 2. Mr. Bejarano’s reply to the opposition to his motion for clarification and reconsideration filed by respondents’ on August 12, 2015 (ECF No. 188) is 9 10 11 12 currently due on or before August 24, 2015. An extension of time of two (2) weeks is requested, up to and including September 8, 2015 to file the reply. This is Mr. Bejarano’s first request for an extension of time. 13 14 15 16 3. I have been unable to complete the reply due to filing deadlines in other capital cases that arose over the last ten days that could not be further extended. When I received opposition, I was working on an opening brief in Smith 17 18 19 20 v. Baker, No. 14-99003, which was filed on August 13, 2015. I had previously received four extensions of time from the Ninth Circuit Court of Appeals to file the opening brief. 21 22 23 24 5. I had a week long evidentiary hearing scheduled in Reno, Nevada, for the week of August 24-28, 2015, in Gutierrez v. Baker, Case No. CR94-1795B, which I had to devote my time and attention to after completing the opening brief in 25 26 27 Smith. On August 17, 2015, I was informed during an in chambers meeting that the court needed to continue the date for the evidentiary hearing. 28 3 1 2 6. I was out of the office sick on Tuesday, August 18, 2015. When I returned on August 19, 2015, I drafted an ex parte motion for reconsideration in 3 4 Lisle v. Baker, No. 2:03-cv-01006-MMD-CWH, which was filed with the federal 5 court on August 20, 2015. 6 7. I am requesting two weeks to file the reply so that I can complete the 7 8 pleading while also meeting other filing deadlines that cannot further be extended. I 9 must file a reply brief with the Nevada Supreme Court in the case of Middleton v. 10 Baker, No. 62869, on August 31, 2015, as I have already sought and received an 11 12 extension of time of sixty-one days to file the reply brief. I also have a petition for 13 rehearing that must be filed in the Ninth Circuit Court of Appeals on September 8, 14 2015, in Kirksey v. Baker, No. 13-99009, for which I have already sought one 15 16 extension of time. 17 8. I have contacted counsel for the State, Deputy Attorney General Jamie 18 Resch, regarding the reasons stated above for the instant request for an extension of 19 20 time, and I am authorized to represent that Respondents do not oppose this request. 21 9. This request is made solely for the purpose of protecting Mr. 22 23 Bejarano’s interests, and not for the purpose of delay or any other improper purpose. 24 /// 25 /// 26 27 28 4 1 2 I anticipate that I will be able to complete and file the reply within two weeks. I declare under penalty of perjury that the foregoing is true and correct and 3 4 that this declaration was executed in Clark County, Nevada, on August 24, 2015. 5 6 7 8 /s/ David Anthony David Anthony Assistant Federal Public Defender 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 2 CERTIFICATE OF ELECTRONIC SERVICE 3 In accordance with Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure, 4 the undersigned hereby certifies that on the 24th day of August 2015, a true and 5 6 correct copy of the foregoing PETITIONER’S UNOPPOSED MOTION FOR AN 7 EXTENSION OF TIME TO FILE REPLY TO THE OPPOSITION TO MOTION 8 FOR CLARIFICATION AND RECONSIDERATION was served by the United 9 10 11 12 States District Court, CM/ECF electronic filing system to: Jamie Resch Deputy Attorney General jresch@ag.nv.gov 13 14 15 /s/ Felicia Darensbourg An employee of the Federal Public Defender 16 17 18 19 20 21 22 23 24 25 26 27 28 6