Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO DISMISS (SECOND REQUEST) RICHARD F. BOULWARE, II , District Judge . Petitioner Clay Burgon, by counsel, moves this Court for the entry of Order extending the time within which he must file an Opposition to Motion to Dismiss by 29 days from November 16, 2017 to and including December 15, 2017. Burgon's request is based on the record in this case and the attached Points and Authorities. The state, by Senior Deputy Attorne
Summary: UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO DISMISS (SECOND REQUEST) RICHARD F. BOULWARE, II , District Judge . Petitioner Clay Burgon, by counsel, moves this Court for the entry of Order extending the time within which he must file an Opposition to Motion to Dismiss by 29 days from November 16, 2017 to and including December 15, 2017. Burgon's request is based on the record in this case and the attached Points and Authorities. The state, by Senior Deputy Attorney..
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO DISMISS
(SECOND REQUEST)
RICHARD F. BOULWARE, II, District Judge.
Petitioner Clay Burgon, by counsel, moves this Court for the entry of Order extending the time within which he must file an Opposition to Motion to Dismiss by 29 days from November 16, 2017 to and including December 15, 2017. Burgon's request is based on the record in this case and the attached Points and Authorities. The state, by Senior Deputy Attorney General Heather D. Procter, does not object to this request.
POINTS AND AUTHORITIES
1. On March 31, 2016, the Office of the Federal Public Defender was appointed as counsel for Petitioner, Clay W. Burgon (ECF No. 24). Undersigned counsel filed her appearance on August 22, 2017 (ECF No. 47).
2. This is Burgon's second request for an extension of time. This motion is not filed for the purposes of delay but in the interests of justice, as well as in the interests of Burgon.
3. Counsel's schedule and circumstances beyond her control have precluded her from meeting the current deadline of November 16, 2017. Counsel began employment with the Federal Public Defender District of Nevada on August 14, 2017. Counsel filed an amended petition on September 15, 2017. In addition, counsel has filed several petitions for writ of habeas corpus in the Eighth Judicial District Court as well as various pleadings. Counsel has also scheduled client visits with all of her new clients, and therefore she has had to become acquainted with all of their cases in a short period of time. Furthermore, counsel is preparing an evidentiary hearing scheduled for December 14, 2017, which has required counsel to travel to Washington and Arizona to conduct depositions and investigation.
4. On November 15, 2017, counsel e-mailed Senior Deputy Attorney General Heather D. Procter regarding her requested extension. On November 15, 2017, she responded that she does not object to this request.
5. The requested extension is necessary for counsel to complete her review of the case and to draft and file the Opposition to Motion to Dismiss. For these reasons, as well as the record in this case, Burgon respectfully asks this Court to grant his request to extend the time for filing an opposition by 29 days until December 15, 2017.
IS SO ORDERED.
