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Young v. Baker

United States District Court, D. Nevada

May 28, 2019

Bernard Young, Petitioner,
v.
Renee Baker, Warden of Lovelock Correctional Center, Aaron Ford, Attorney General of the State of Nevada, [1] Respondents.

          Rene L. Valladares Federal Public Defender

          S. Alex Spelman Assistant Federal Public Defender

          UNOPPOSED MOTION TO EXTEND TIME TO FILE AMENDED PETITION

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         Petitioner Young respectfully moves for an extension of 90 days to file his amended petition for writ of habeas corpus, up to and including Monday, August 26, 2019. This is his first request for an extension. Respondents do not oppose.

         Points and Authorities

         Respondents are imprisoning petitioner Bernard Young for a sentence, in the aggregate, of 39 to 120 years imprisonment for the criminal charges underlying this matter, involving multiple alleged robberies with a BB gun.[2]

         On January 19, 2018, Young filed a pro se petition for writ of habeas corpus before this court[3] and moved for appointment of counsel.[4]

         On October 25, 2018, Young filed a pro se amended petition for writ of habeas corpus before this court.[5]

         On November 1, 2018, this Court ordered respondents to respond to the amended petition.[6] The Court denied Young's request for appointment of counsel.[7]

         On December 31, 2018, respondents moved to dismiss Young's amended petition.[8]

         On January 18, 2019, Young filed a notice that respondents transported him to the Lovelock Correctional Center, where he is now housed[9] (and for this reason, counsel for Young has amended the caption of this action to reflect the appropriate Warden; he will do the same on his second amended petition).[10]

         On January 24, 2019, upon “further review of the record, including the motion to dismiss, ” this Court concluded that “appointment of counsel is in the interests of justice.”[11] The Court provisionally appointed the Federal Public Defender (FPD), permitted the FPD 30 days to undertake representation of Young, and held that it anticipated setting a deadline of 120 days from the upcoming formal appointment order.[12]

         The FPD promptly engaged in its conflict-check procedures and selected the undersigned Assistant Federal ...


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