United States District Court, D. Nevada
L. Valladares Federal Public Defender
Alex Spelman Assistant Federal Public Defender
UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE AMENDED
respectfully requests an extension of 52 days, up to and
including October 31, 2019, to file his
amended petition. This is his first request for an extension.
This deadline reflects the statute-of-limitations deadline in
this case, and thus, this extension would allow
Saldana-Garcia to enjoy the full year Congress has afforded
him to prepare and file a habeas corpus petition for federal
relief. Respondents do not oppose, though the parties agree
that their waiver does not constitute tacit agreement with
any of the foregoing, nor should it be construed as a waiver
of any procedural defenses.
seeks federal habeas relief from this Court. This Court
appointed counsel and set a deadline of September 9, 2019
for counsel to file an amended petition on
Saldana-Garcia's behalf. This is his first request for an
extension and respondents do not oppose.
is moving for an extension because he has calculated a
statute-of-limitations deadline of October 31, 2019, to seek
federal habeas relief, and he would like to take advantage of
the full time Congress has afforded him to prepare and file
his petition. Briefly, Saldana-Garcia has calculated this
deadline because the time for him to seek certiorari from the
United States Supreme Court expired on Sunday, May 31, 2015,
rendering a true deadline of Monday, June 1,
2015. Saldana-Garcia then used 63 days from that
point to prepare and properly file a timely state petition
for writ of habeas corpus on August 3, 2015.
state courts did not finally resolve these post-conviction
proceedings until the Nevada Supreme Court's issuance of
remittitur on January 2, 2019. From this point, with 302 days
remaining for his federal period of limitations,
Saldana-Garcia's statute-of-limitations deadline to seek
federal habeas relief became October 31, 2019. As of the date of
this filing, then, he still has 52 days remaining to seek
federal habeas relief. Here, it is to his advantage to
utilize all of it.
the demands of other cases have Saldana-Garcia from meeting
the current September 9, 2019 deadline. See, e.g.,
Vincent v. McDaniel, No. 17-16992, ECF No. 48 (9th
Cir. June 14, 2019); Cardenas v. Baker, No. PC-5364
(Nev. 5th J. Dist. Ct. June 19, 2019); Holmes v.
Gentry, No. 2:17-cv-01980-RFB-GWF (D. Nev. Aug. 2,
2019); Flores v. Williams, No. A-19-794716-W (Nev.
8th J. Dist. Ct. Aug. 2, 2019); Morales v. Baker,
No. A-19-794622-W (Nev. 8th J. Dist. Ct. Aug. 2, 2019);
Berry v. Baker, No. 3:16-cv-00470-MMD-WGC (D. Nev.
Aug. 8, 2019); Nicholson v. Baker, No. 3:16-cv-00486
(D. Nev. Aug. 23, 2019). Further, counsel has been working
diligently to meet an upcoming amended-petition deadline in
the case of McNair v. Baca, No.
3:18-cv-00308-HDM-CBC (D. Nev.).
counsel was on leave from June 21-23, and then again from
June 29 through July 8. After that, counsel attended in an
out-of-town, three-day seminar on August 12-14, 2019.
during this time, counsel was preparing for a September 4,
2019, evidentiary hearing before this Court in the case of
Davis v. Neven, No. 2:15-cv-01574-RFB-NJK (D. Nev.).
above demands prevented counsel from meeting the current
deadline. Further, it is to Saldana-Garcia's deadline to
utilize the remainder of his statutory federal period of
limitations to prepare and file his amended petition in this
case. Accordingly, he seeks a 52-day extension to utilize the
remainder of this time, up to and including October 31, 2019.
This is his first request.
September 6, 2019, counsel for Respondents, Deputy Attorney
General Charles L. Finlayson, indicated by email that
Respondents do not oppose the instant request for a 52-day
extension. However, the parties agree that Respondents'
non-opposition does not constitute tacit agreement with any
of the representations in this motion, including
calculation, nor does it constitute a waiver of any
procedural defenses, such as a claim of untimeliness under
the statute of limitations.
does not request this extension for the purposes of undue
delay but solely in the interests of justice, to utilize his
remaining statutory period of limitations to seek federal
relief and to allow his counsel to prepare and file ...