Opinion
2:20-01852-CDS-VCF
10-18-2023
Corry Alexis Hawkins, Petitioner v. Cavlin Johnson, et al., Respondents
ORDER GRANTING RESPONDENTS' MOTION FOR ENLARGEMENT OF TIME TO ANSWER SECOND AMENDED PETITION
[ECF NO. 81]
CRISTINA D. SILVA, UNITED STATES DISTRICT JUDGE.
Respondents seek an extension of time to file their answer to the second amended petition for writ of habeas corpus. ECF No. 81. I find that the request is made in good faith and not solely for the purpose of delay, and therefore, good cause exists to grant respondents' motion.
The new deadline approved in this order falls nearly six months after the original deadline set for respondents to answer the first amended petition. ECF No. 70. Lengthy habeas litigation is generally incompatible with the three-year goal set by the Civil Justice Reform Act of 1990 (“CJRA”), 28 U.S.C. § 471 et seq., as well as the purposes served by the Antiterrorism and Effective Death Penalty Act (“AEDPA”) 28 U.S.C. § 2244 et seq.: finality, efficiency, and comity. Based on the lack of progress to date, additional delay may impede this case from reaching a merits determination within three years. Accordingly, any future request for extension of time- even if unopposed-will be carefully scrutinized for good cause.
It is therefore ordered that respondents' fifth motion for enlargement of time [ECF No. 81] is granted. Respondents have until November 13, 2023, to file their answer.