United States District Court, D. Nevada
L. Valladares Federal Public Defender
F. CARR Assistant Federal Public Defender
Employee of the Federal Public Defender
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A
SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
NOW, Petitioner Matthew Washington, by and
through his counsel of record Jason F. Carr,
Assistant Federal Public Defender, hereby moves this Court
for an enlargement of time of sixty-three (63) days-from
October 15, 2019, TO December 17, 2019-to file a Second
Amended Petition for Writ of Habeas Corpus.
28, 2019, this Court issued An order provisionally appointing
the Office of the Federal Public Defender to represent
Petitioner Washington. (See ECF No. 7.). On June 13,
2019, counsel entered his appearance. (See ECF No.
17, 2019, this Court accepted Washington's First Amended
Petition, envisioned by counsel to be a protective petition,
and granted Washington's request to file a Second Amended
Petition. (See ECF No. 14; see also ECF No.
15 (First Amended Petition).) The June 17, 2019 Order allowed
counsel until October 15, 2019 to make that filing.
unopposed Motion, Washington seeks a sixty-three-day
extension of time thereby rendering his Second Amended
Petition due on December 17, 2019.
submits this additional time is necessary in order to
effectively and thoroughly prepare his case. Specifically,
that counsel has been unable to acquire all of prior
counsels' files. Although this situation will soon be
rectified, counsel still does not have all of
counsel must have an initial meeting with Washington before
filing his petition. The ability to do this has been delayed
because the Nevada Department of Corrections has granted
Washington's request to be transferred from a facility in
Ely, Nevada, to its High Desert facility, located near Indian
Washington is still litigating and exhausting claims in state
court. On September 23, 2019, a Clark County, Nevada,
district court entered a final written order his
post-conviction petition. Washington is in the process of
mailing his pro se notice of appeal to appeal that order. It
is reasonable to await the results of that litigation before
filing an amended petition.
October 15, 2019, I contacted counsel for the Respondents,
Erica Berrett, Deputy Attorney General, regarding this
motion. The State of Nevada does not object to this request.
The State, however, waives no other rights by extending this
professional courtesy. Petitioner's extension does not
signify an implied basis for tolling any applicable period of
limitations or the waiver of any other procedural defense.
Petitioner at all times remains responsible for calculating
any limitations periods and understands that, in granting an
extension request, the Court makes no finding or
representation that the petition, any amendments thereto,
and/or any claims contained therein are not subject to
dismissal as untimely.
submits this motion in the interests of justice in order to
assure counsel has adequate time to acquire the relevant
files and confer with Washington before this important
filing. I respectfully request that this Court grant the
request for an extension of time to file Washington Second
Amended Petition for Writ of Habeas Corpus to
Tuesday, December 17, 2019, to ensure the
effective and thorough representation of Mr. Washington.
IS HEREBY ORDERERED THAT PETITIONER WASHINGTON SHALL FILE HIS
SECOND AMENDED PETITION NO ...