Opinion
2:20-cv-01913-RFB-VCF
08-23-2022
Jonathan Donner, Petitioner, v. State of Nevada, et al., Respondents.
Rene L. Valladares Federal Public Defender Alicia R. Intriago Assistant Federal Public Defender
Rene L. Valladares Federal Public Defender
Alicia R. Intriago Assistant Federal Public Defender
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED PETITION FOR A WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254
(FIFTH REQUEST)
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Points and Authorities
On September 4, 2020, the Federal District Court for the District of Nevada received Petitioner Jonathan Donner's petition for habeas relief under 28 U.S.C. § 2254. ECF Nos. 1, 1-1, 1-2. The petition was filed on October 23, 2020, and Donner filed a Motion for Appointment of Counsel on November 2, 2020. ECF Nos. 3, 4. On July 28, 2021, the Court ordered Donner to correct administrative deficiencies with the petition. ECF No. 6. On August 14, 2021, Donner filed an amended petition complying with the requests stated in the Court's previous order. ECF No. 8. On September 3, 2021, the Court granted Donner's Motion for Appointment of Counsel and appointed the Federal Public Defender to represent Donner. ECF No. 9. The undersigned attorney filed her Notice of Appearance on September 23, 2021. ECF No. 11. The counseled amended petition is currently due August 1, 2022. ECF No. 21.
It appears Donner initially sent his petition to the Ninth Circuit around September 1, 2021 (see ECF No. 1-1 at 1), and the Ninth Circuit ultimately transmitted the petition to this Court, see ECF No. 1-2. It is unclear whether this Court filed the petition sua sponte or at the request of Donner. The petition (ECF No. 1-1) was initially attached to the transmittal letter from the Ninth Circuit Court of Appeals.
Petitioner Donner respectfully asks this Court to enter an order extending the deadline for filing a counseled amended petition by 45 days from August 1, 2022, to September 15, 2022.
This is Donner's fifth request for an extension of this deadline.
The undersigned attorney contacted opposing counsel on July 31, 2022, who did not object to this request for an extension of time. Their lack of objection should not be considered a waiver of any procedural defenses or challenges to the statute of limitations, or construed as agreeing with the accuracy of the representations in this motion.
Counsel has begun drafting the amended petition in this case but needs additional time in light of her recent and upcoming schedule, as well as unanticipated additional work caused by the United States Supreme Court's recent decision in Shinn v. Ramirez, No. 20-1009 (U.S. May 23, 2022). Moreover, in the past 60 days, counsel has had the following deadlines: on June 16, 2022, counsel filed a status report in Mkhitaryan v. LVMPD, no. 2:20-cv-02169-ART-NJK (D. Nev.); on June 24 she filed an opposition to a motion to dismiss in Crawley v. Cain, no. 2:17-cv-02086-RFB-CWH (D. Nev.); on July 14 she filed an opposition to a motion to dismiss in Coleman v. Gittere, no. 3:19-cv-00172-RCJ-CSD (D. Nev.); on July 18 she filed a state post-conviction petition in Taylor v. Director, NDOC, no. A-22-855607-W (8th Jud. Distr. Ct.); and on July 25 a motion for leave to file a third amended petition in Herrada-Gonzalez v. Howell, no. 2:20-cv-01013-GMN-DJA (D. Nev.).
Counsel had a legal visit with an inmate at High Desert State Prison on June 7, 2022, and Northern Nevada prison visits from June 23 through 26, 2022. Counsel had to cover primary duty for another attorney all day on June 28, 2022, which required her to represent individuals making initial appearances in federal court. Counsel had legal conference calls with a client at Ely State Prison on June 10 and 27, 2022, and met with a client at Clark County Detention Center on June 29, 2022. Counsel then spent the first week of July working on a pardons board application which she submitted on July 6, 2022. Counsel submitted a parole board application on behalf of a client on July 20, 2022. Counsel had legal conference calls with clients at Ely State Prison on July 12 and 20, 2022. Counsel travelled to Northern Nevada to visit clients at Lovelock Correctional Center on July 21 and 22, 2022. Counsel travelled to Carson City on July 26 and 27 to represent a client before the parole board. Counsel also had legal conference calls with clients at Ely State Prison on July 29, 2022. Finally, counsel travelled to Lovelock Correctional Center on July 30 and 31 to see a client who is on the September pardons board agenda.
In the coming 60 days, counsel will be travelling to: Ely State Prison on August 18 and 19 to see a new client and an existing client; and Carson City on September 19 and 20 to represent a client before the pardons board.
Counsel has the following filing deadlines in the next 60 days: an opposition to a motion to dismiss in Taylor v. Director, NDOC, no. 2:20-cv-01962-GMN-DJA (D. Nev.), due August 1, 2022; an opposition to a motion to dismiss in Altheide v. State of Nevada, no. 2:19-cv-02245-JAD-BNW (D. Nev.), due August 11, 2022; an amended petition in Briones v. Reubart, no. 3:22-cv-00087-MMD-CSD (D. Nev.), due August 17, 2022; an amended petition in Ford v. Johnson, no. 2:21-cv-01742-APG-DJA (D. Nev.), due September 6, 2022; an answering brief in Leeds v. Russell, no. 21-16813 (9th Cir.) due September 8, 2022; a reply in support of an amended petition in Campbell v. Russell, no 3:19-cv-00576-MMD-CSD (D. Nev.) on September 11, 2022. Counsel will also be filing state petitions for two cases the week of August 1 in light of the Shinn decision.
Accordingly, counsel respectfully requests this Court grant the request for an extension of time to file the counseled amended petition for writ of habeas corpus in order for the effective and thorough representation of Petitioner Donner in his federal habeas action and order that the amended petition be filed no later than September 15, 2022.
IT IS SO ORDERED:
IT IS FURTHER ORDERED that [21] Unopposed Motion to Extend Time is DENIED AS MOOT.
IT IS SO ORDERED: