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Budd v. Baker

United States District Court, D. Nevada

December 27, 2019

GLENFORD BUDD, Petitioner,
v.
RENEE BAKER, et al., Respondents.

          ANGELA H. DOWS, ESQ. Nevada Bar No. 010339 CORY READE DOWS & SHAFER Attorneys for Petitioner GLENFORD BUDD.

          UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS

          RICHARD RBOLTLWARE, II, UNITED STATES DISTRICT JUDGE.

         Petitioner GLENFORD BUDD, by and through his counsel, Angela H. Dows, Esq., hereby moves this Court for a 30-day enlargement of time, up to and including January 22, 2020, by which to file his Second Amended Petition for Writ of Habeas Corpus. This is the fourth overall request for an extension of time. Said request is brought in good faith and not for purposes of delay.

         MEMORANDUM OF POINTS AND AUTHORITIES

         1. That the instant matter involves a petition for writ of habeas corpus filed by a Nevada state prisoner pursuant to 28 U.S.C. § 2254.

         2. That on May 29, 2018, attorney Mary Lou Wilson filed a first amended petition on behalf of Petitioner. (See Docket No. 23).

         3. That attorney Mary Lou Wilson also filed 48 exhibits in support of the first amended petition. (See Docket Nos. 25, 26, 27, 28, 29).

         4. That on October 9, 2018, the Court entered an order that dismissed Ground 12 of the first amended petition, and ordered that respondents have forty-five (45) days to answer or otherwise respond to the amended petition. (See Docket No. 30).

         5. That on February 8, 2019, Mary Lou Wilson filed a motion to withdraw as counsel, and instant counsel was thereafter appointed on February 25, 2019. (See Docket Nos. 36, 38).

         6. That on March 7, 2019, the Court entered an order that allowed Petitioner ninety (90) days, or on or before June 5, 2019, to serve a motion or notice indicating how petitioner wishes to proceed with this action.

         7. That on June 5, 2019, Petitioner filed a motion for leave to file a second amended petition, along with a request for 60-days by which to file said petition. (See Docket No. 41.)

         8. Petitioner's motion was granted on July 3, 2019, with a deadline to file said second amended petition of on or before September 3, 2019. (See Docket No. 42.)

         9. That a previously-filed filed exhibit list containing forty-eight (48) exhibits in total appeared to be on the low side for a triple-homicide case.

         10. That in September of 2019, Petitioner was allowed a longer continuance of approximately 90 days after delving into the case and noticing that several exhibits as noted were not included in the case, as well as mentioned in the petition. As an ...


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