Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Washington v. Gittere

United States District Court, D. Nevada

October 15, 2019

MATTHEW WASHINGTON, Petitioner,
v.
WILLIAM GITTERE, WARDEN et al., Respondents.

          Rene L. Valladares Federal Public Defender

          JASON F. CARR Assistant Federal Public Defender

          An 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

         COMES 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.

         On May 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. 12).

         On June 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.

         In this unopposed Motion, Washington seeks a sixty-three-day extension of time thereby rendering his Second Amended Petition due on December 17, 2019.

         Washington 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 Washington's file.

         That 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 Springs, Nevada.

         That 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.

         On 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.

         Washington 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.

         IT IS HEREBY ORDERERED THAT PETITIONER WASHINGTON SHALL FILE HIS SECOND AMENDED PETITION NO ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.