Barnes v. Nevens et al, No. 2:2014cv01946 - Document 31 (D. Nev. 2016)

Court Description: ORDER Granting 27 Motion to Extend Time to Respond re 25 Motion to Dismiss. Responses due by 12/14/2016. Signed by Judge Richard F. Boulware, II on 12/29/16. (Copies have been distributed pursuant to the NEF - MMM)
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Barnes v. Nevens et al Doc. 31 7 RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 JASON F. CARR Assistant Federal Public Defender Nevada State Bar No. 06587 411 E. Bonneville, Ste. 250 Las Vegas, Nevada 89101 (702) 388-6577 (702) 388-5819 (fax) Jason_Carr@fd.org 8 Attorney for Petitioner Demar Barnes 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 DEMAR RAHYMES BARNES, Petitioner, 13 v. 14 15 D.W. NEVEN, et al., Respondents. 16 Case No. 2:14-cv-01946-RFB-PAL MOTION FOR EXTENSION OF TIME TO FILE AN OPPOSITION TO RESPONDENTS MOTION TO DISMISS (SECOND REQUEST) 17 18 19 20 21 22 23 24 25 26 The Petitioner, Demar Rahymes Barnes, by and through his attorney of record, Jason F. Carr, Assistant Federal Public Defender, moves this Court for an enlargement of time of eight (8) days from December 6, 2016, to December 14, 2016 to, in which to file an Opposition to Respondents Motion to Dismiss. This motion is based upon the attached points and authorities and all pleadings and papers on file herein. /// /// /// Dockets.Justia.com 1 DATED this 6th day of December 2016. 2 Respectfully submitted, RENE L. VALLADARES Federal Public Defender 3 4 5 /s/ Jason F. Carr 6 JASON F. CARR Assistant Federal Public Defender 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 POINTS AND AUTHORITIES 1. On March 31, 2016, the Law Office of the Federal Public Defender “FPD” 3 was appointed to represent Petitioner in the above-entitled action. (See ECF No. 11.) 4 After the Federal Public Defender Office conducted a conflict check and it was 5 determined that there were no conflicts, Assistant Federal Public Defender Jason F. 6 Carr filed his Notice of Representation on April 15, 2016. (See ECF No. 12.) On 7 September 29, 2016, Barnes filed his Amended Petition and supporting exhibits. (See 8 ECF Nos. 21, 22.) Respondents filed their Motion to Dismiss on October 25, 2016. 9 (See ECF No. 25.) Counsel for Petitioner requested an extension of time of twenty- 10 five day to file the Opposition to Motion to Dismiss. (See ECF No. 26.) This is the 11 second request for an extension of time. 12 2. The additional period of time is necessary in order to effectively and 13 thoroughly represent Mr. Barnes. This motion is not filed for the purposes of delay 14 but in the interests of justice, as well as in the interests of Mr. Barnes. 15 3. An extension of time to file the Reply is necessary given my obligations 16 in other cases, including: a Second Amended Petition for Writ of Habeas Corpus filed 17 on October 28, 2016 in Gallegos v. Baca, Nevada District Court No. 3:15-cv-00254- 18 RCJ-VPC; an Opposition to Dismiss filed on November 2, 2016 in Hawes v. Palmer, 19 Nevada District Court No. 3:10-cv-00655-RCJ-VPC; an Oral Argument on November 20 17, 2016 in USA v. Toliver, Ninth Circuit Court of Appeals No. 15-15439; an 21 Opposition to Motion to Strike filed November 22, 2016 in Peters v. Neven, Nevada 22 District Court No. 2:14-cv-1055-RFB-VCF; an Opposition to Motion to Dismiss in 23 Barnes v. Neven, Nevada District Court No. 2:14-cv-01946-RFB-PAL, due December 24 6, 2016; an Opening Brief in Shropshire v. Baca, Ninth Circuit Court of Appeals No. 25 16-15214, due December 8, 2016; and a Reply in Ramirez v. Baker, Nevada District 26 Court No. 3:13-cv-00025-MMD-VPC, due December 12, 2016. 3 1 4. Counsel also had to travel to Carson City, and Lovelock, Nevada, on 2 December 1-3, 2016, to conduct needed visits with clients whom also have large 3 pending deadlines. 4 5. On December 6, 2016, I attempted to contact Deputy Attorney General 5 Victor H. Schulze about this request. Mr. Schulze did not have time to get back to me, 6 but generally counsel for the Respondents does not oppose unduly repetitive or long 7 requests for an extension of time. The State of Nevada does, however, request that 8 counsel for habeas petitioners make clear that nothing about the decision not to 9 oppose Petitioner’s extension request signifies an implied finding of a basis for tolling 10 any applicable period of limitations or the waiver of any other procedural defense. 11 Petitioner at all times remains responsible for calculating any limitations periods and 12 understands that, in granting an extension request, the Court makes no finding or 13 representation that the petition, any amendments thereto, and/or any claims 14 contained therein are not subject to dismissal as untimely. 15 6. This motion is not filed for the purpose of delay, but in the interests of 16 justice, as well as in the interest of Mr. Barnes. I respectfully request that this Court 17 grant the request for an extension of time to file the Opposition to Motion to Dismiss 18 to December 14, 2016, to ensure the effective and thorough representation of Mr. 19 Barnes. 20 DATED this 6th Day of December 2016. 21 22 Respectfully submitted, RENE L. VALLADARES Federal Public Defender 23 24 /s/ Jason F. Carr 25 JASON F. CARR Assistant Federal Public Defender 26 4 1 IT IS SO ORDERED: 2 IT IS SO ORDERED: 3 4 6 UNITED STATES DISTRICT JUDGE __________________________ RICHARD F. BOULWARE, II DATED: ___________________________ United States District Judge 7 DATED this 29th day of December, 2016. 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5 1 2 3 4 5 6 7 8 9 10 11 CERTIFICATE OF SERVICE In accordance with the Rules of Civil Procedure, the undersigned hereby certifies that on this 6th day of December 2016, I electronically filed a true and correct copy of the foregoing with the United States District Court. Electronic service of the foregoing document shall be made in accordance with the master service list as follows: Victor-Hugo Schulze, II Senior Deputy Attorney General Office of the Attorney General Special Prosecutions Division 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101-1068 VSchulze@ag.nv.gov 12 13 /s/Jason F. Carr 14 Assistant Federal Public Defender 15 16 17 18 19 20 21 22 23 24 25 26 6