United States District Court, D. Nevada
RUBEN P. PEREZ, Petitioner,
JO GENTRY, et al, Respondents.
L. VALLADARES Federal Public Defender Nevada State Bar No.
11479 JEREMY C. BARON Assistant Federal Public Defender
District of Columbia Bar No. 1021801 Attorneys for Petitioner
Ruben P. Perez
UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO
FILE OPPOSITION TO THE RESPONDENTS' MOTION TO DISMISS
RICHARD F. BOULWARE, II JUDGE
Ruben P. Perez respectfully moves this Court for an extension
of time of sixty (60) days, from February 26, 2018, to and
including April 27, 2018, in which to file an opposition to
the respondents' motion to dismiss.
Perez filed a counseled amended petition for a writ of habeas
corpus in this Court on February 10, 2017. ECF No. 12. The
respondents filed a motion to dismiss on February 12, 2018.
ECF No. 26. Mr. Perez's opposition to the motion to
dismiss is due on February 26, 2018.
Undersigned counsel has been diligently working to prepare
Mr. Perez's opposition to the respondents' motion to
dismiss. However, counsel respectfully suggests that
additional time is necessary in order to properly prepare the
respondents' motion to dismiss argues that Mr. Perez
filed his pro se federal petition almost sixteen years after
the expiration of the statute of limitations for federal
habeas petitions. ECF No. 26 at 5. In order to respond to
that argument, undersigned counsel intends to conduct
additional factual development that may require additional
Undersigned counsel previously requested that counsel for the
respondents provide various records from the Nevada
Department of Corrections that have potential relevance to
Mr. Perez's opposition. While counsel for the respondents
previously turned over some of those documents, undersigned
counsel requested on February 23, 2018, that counsel for the
respondents turn over additional documents with potential
relevance to Mr. Perez's opposition. Counsel for the
respondents agreed to do so but, on information and belief,
has not yet had a reasonable opportunity to begin assembling
Undersigned counsel spoke with Mr. Perez at length regarding
the opposition on or about February 21, 2018. Additional
conversations with Mr. Perez will likely prove necessary in
order to properly prepare the opposition.
recent months, undersigned counsel has been assigned as lead
counsel to multiple new cases in which the client has or may
have time remaining on the federal statute of limitations.
Given the hard-and-fast nature of the Section 2244(d)
deadline, and the ramifications of failing to file a thorough
amended petition within the applicable statute of
limitations, undersigned counsel has been prioritizing the
review of those new cases in recent weeks.
Undersigned counsel has had many professional obligations in
recent weeks, including, among others, motions for leave to
conduct discovery and for an evidentiary hearing filed on
January 17, 2018, in Sawyer v. Baker, No.
3:16-cv-00627-MMD-WGC (D. Nev.); a motion for leave to
conduct discovery filed on January 17, 2018, in Howard v.
Wickham, No. 3:16-cv-00665-HDM-VPC (D. Nev.); an
opposition to a motion to dismiss filed on January 22, 2018,
in Matlean v. Williams, No. 3:16-cv-00233-HDM-VPC
(D. Nev.); a petition for a writ of habeas corpus, along with
a petition for genetic marker analysis, filed on February 15,
2018, in Castillo v. Baker, , No. CR05-0560 (Nev.
Second Judicial Dist. Ct.), and a deposition conducted on
February 22, 2018, along with various other obligations in
connection with discovery authorized by the Court, in
Slaughter v. Baker, No. 3:16-cv-00721-RCJ-WGC (D.
Undersigned counsel has many additional professional
obligations in the coming weeks, including, among others, a
reply brief due on March 2, 2018, in LaPena v.
Grigas, No. 15-16154 (9th Cir.); an oral argument
scheduled on March 12, 2018, in Gutierrez v. State,
No. 16-15704 (9th Cir.); an amended petition due on March 14,
2018, in Patterson v. State, No.
2:17-cv-02131-JCM-GWF (D. Nev.); a reply in support of a
petition due on March 20, 2018, in Gonzalez v.
Williams, No. 2:15-cv-00618-RFB-CWH (D. Nev.); an
opening brief due on March 21, 2018, in Mercado v.
State, No. 74513 (Nev.); an opening brief due on March
30, 2018, in Banuelos v. Smith, No. 17-164889 (9th
Cir.); and an amended petition due on April 2, 2018, in
Guzman v. Attorney General, No.
3:17-cv-00515-HDM-VPC (D. Nev.).
Therefore, undersigned counsel seeks an additional sixty (60)
days, up to and including April 27, 2018, in which to file
the opposition to the respondents' motion to dismiss.
This is undersigned counsel's first request for an
extension of time in which to file Mr. Perez's
February 23, 2018, undersigned counsel contacted Deputy
Attorney General Natasha M. Gebrael and informed her of this
request for an extension of time. As a matter of professional
courtesy, Ms. Gebrael had no objection to the request. Ms.
Gebrael's lack of objection should not be considered as a
waiver of any procedural defenses or statute of ...