Hernandez v. Henley

4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA ? FERNANDO NAVARRO HERNANDEZ, _ | Case No. 3:09-cv-00545-LRH-CSD 8 Petitioner, SSPE Eso oF re (ECF NO. 311) WILLIAM REUBART, ef al., 11 Respondents.

13 in this capital habeas corpus action, the Court has ordered the parties to file |} supplemental briefing—an amended answer by Respondents, followed by an amended || reply by Petitioner Fernando Navarro Hernandez, followed by a response to the || amended reply by Respondents—in the wake of the Supreme Court's decision in Shinn || v. Ramirez, 142 S. Ct. 1718 (2022). See Order entered June 28, 2022 (ECF No. 307).

18 || Following a 60-day initial period (see Order entered June 28, 2022 (ECF No. 307)), and || then a 91-day extension of time (see Order entered September 6, 2022 (ECF No, 310)), || Respondents’ amended answer was due on November 28, 2022, 21 On November 22, 2022, Respondents filed a motion for extension of time || (ECF No. 311), requesting a further 60-day extension of time, to January 27, 2023, for || their amended answer. Respondents’ counsel states that this extension of time is || necessary because of her obligations in other cases and her administrative duties at the || office of the Nevada Attorney General. Respondents’ counsel states that Hernandez, || who is represented by appointed counsel, does not oppose the motion for extension of || time.

1 The Court finds that the motion for extension of time is made in good faith and || not solely for the purpose of delay, and that there is good cause for the extension of 3} time requested.

4 IT 1S THEREFORE ORDERED that Respondents’ Motion for Enlargement || of Time (ECF No. 311) is GRANTED. Respondents will have until and including || January 27, 2023, to file their amended answer.

7 IT IS FURTHER ORDERED that, in all other respects, the schedule for further |} proceedings set forth in the order entered February 20, 2015 (ECF No. 94) will remain 9 in effect. "0 11 DATED THIS 24 day of / ry. , 2022, 14 UNITED STATES DISTRICT JUDGE