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Perez v. Gentry

United States District Court, D. Nevada

April 27, 2018

RUBEN P. PEREZ, Petitioner,
v.
JO GENTRY, et al., Respondents.

          RENE 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 (SECOND REQUEST)

          RICHARD F. BOULWARE, II JUDGE

         Petitioner Ruben P. Perez respectfully moves this Court for an extension of time of sixty (60) days, from April 27, 2018, to and including June 26, 2018, in which to file an opposition to the respondents' motion to dismiss.

         POINTS AND AUTHORITIES

         1. Mr. 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 April 27, 2018.

         2. 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 opposition.

         3. Undersigned counsel requested on February 23, 2018, that counsel for the respondents turn over certain documents from the Nevada Department of Corrections with potential relevance to Mr. Perez's opposition. Counsel for the respondents agreed to do so but has not yet provided those documents.

         4. 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.

         5. Undersigned counsel has had many professional obligations in recent weeks, including, among others, a reply brief filed on March 2, 2018, in LaPena v. Grigas, No. 15-16154 (9th Cir.); replies in support of motions for discovery and for an evidentiary hearing filed on March 9, 2018, in Sawyer v. Baker, No. 3:16-cv-00627-MMD-WGC (D. Nev.); an oral argument held on March 12, 2018, in Gutierrez v. State, No. 16-15704 (9th Cir.); a supplemental brief on procedural issues filed on March 14, 2018, in Cortinas v. Gentry, No. 3:10-cv-00439-LRH-RAM (D. Nev.); a reply in support of a petition filed on March 20, 2018, in Gonzalez v. Williams, No. 2:15-cv-00618-RFB-CWH (D. Nev.); an application for a certificate of appealability filed on March 27, 2018, in Corzine v. Baker, No. 18-15439 (9th Cir.); an opening brief filed on March 30, 2018, in Banuelos v. Smith, Case No. 17-164889 (9th Cir.); an amended petition filed on April 2, 2018, in Guzman v. Filson, No. 3:17-cv-00515-HDM-VPC (D. Nev.); a reply in support of a petition for genetic marker analysis filed on April 23, 2018, and an opposition to a motion to dismiss filed on April 26, 2018, in Castillo v. Baker, No. CR05-0560 (Nev. Second Judicial Dist. Ct.); and a motion for stay and abeyance filed on April 26, 2018, in Rosales v. Byrne, No. 3:16-cv-00003-RCJ-WGC (D. Nev.).

         6. Undersigned counsel has many additional professional obligations in the coming weeks, including, among others, a second amended petition due on April 30, 2018, in Barragan v. Filson, No. 3:17-cv-00453-LRH-VPC (D. Nev.); an amended petition due on April 30, 2018, in Esquivel v. Williams, No. 2:17-cv-02227-RFB-PAL (D. Nev.); an amended petition due on April 30, 2018, in Elliott v. McDaniel, No. 3:11-cv-00041-MMD-VPC (D. Nev.); an amended petition due on May 7, 2018, in Delapinia v. Williams, No. 2:17-cv-02376-MMD-CWH (D. Nev.); an amended petition due on May 19, 2018, in Burch v. Baker, No. 2:17-cv-00656-MMD-VCF (D. Nev.); an opening brief due on May 21, 2018, in Mercado v. State, No. 74513 (Nev. Sup. Ct.); and an amended petition due on May 30, 2018, in Howard v. Wickham, No. 3:16-cv-00665-HDM-VPC (D. Nev.).

         7. Therefore, undersigned counsel seeks an additional sixty (60) days, up to and including June 26, 2018, in which to file the opposition to the respondents' motion to dismiss. This is undersigned counsel's second request for an extension of time in which to file Mr. Perez's opposition.

         8. On April 26, 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 limitations challenges, or construed as agreeing with the accuracy of the representations in this motion.

         9. This motion is not filed for the purpose of delay, but in the interests of justice, as well as in the interest of Mr. Perez. Counsel for Mr. Perez respectfully requests that this Court grant this motion and order Mr. Perez to file the ...


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