Opinion
3:11-cv-00104-RFB-WGC
01-14-2022
TIMMY JOHN WEBER, Petitioner, v. WILLIAM GITTERE, et al ., Respondents.
AARON D. FORD Attorney General Heather D. Procter (Bar No. 8621) Chief Deputy Attorney General Erica Berrett (Bar. No. 13826) Deputy Attorney General State of Nevada Office of the Attorney General Attorneys for Respondents Erica Berrett (Bar No. 13826) Deputy Attorney General
AARON D. FORD
Attorney General
Heather D. Procter (Bar No. 8621)
Chief Deputy Attorney General
Erica Berrett (Bar. No. 13826)
Deputy Attorney General
State of Nevada
Office of the Attorney General
Attorneys for Respondents
Erica Berrett (Bar No. 13826)
Deputy Attorney General
UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO THIRD AMENDED PETITION (ECF NO. 79)
(THIRD REQUEST)
(DEATH PENALTY)
RICHARD F. BOULWARE, II United States District Judge
Respondents move this Court for an enlargement of time of twenty-eight (28) days from the current due date of January 14, 2022, up to an including February 11, 2022, in which to file their Response to Timmy John Weber's Third Amended Petition for Writ of Habeas Corpus (ECF No. 79). This Motion is made pursuant to FED. R. CIV. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based upon the attached declaration of counsel. This is the second enlargement of time sought by Respondents to file the response to the Third Amended Petition, and the request is brought in good faith and not for the purpose of delay.
DECLARATION OF ERICA BERRETT
STATE OF NEVADA)
ss:
COUNTY OF CLARK)
I, ERICA BERRETT, being first duly sworn under oath, deposes and states as follows:
1. I am an attorney licensed to practice law in all courts within the State of Nevada and am employed as a Deputy Attorney General in the Office of the Nevada Attorney General. I have been assigned to represent Respondents in Timmy John Weber v. William Gittere, et al., Case No. 3:11-cv-00104-RFB-WGC, and as such, have personal knowledge of the matters contained herein.
2. This Motion is made in good faith and not for the purpose of delay.
3. The deadline to file the response to the Third Amended Petition (ECF No. 79) is January 14, 2022.
4. Since Respondents' previous motion for enlargement of time, I have been diligently working on the response to the Third Amended Petition. I have spent multiple weeks primarily working on the response. However, based on the large number of claims and voluminous state court record, I have been unable to complete my response. Once I have finalized my response, I will need to have it reviewed by my supervisor, and I will also need time to revise the response following my supervisor's review.
5. In addition to the recent weeks that I have dedicated to this response, I spent the earlier part of Respondents' previous enlargement of time on other federal habeas matters, including filing a motion to dismiss petition for writ of habeas corpus in Navarrette v. Johnson, et al., Case No. 2:20-cv-02061-APG-DJA; an opposition to motion to strike in Pritchett v. Gentry, Case No. 2:17-cv-01694; and a motion to dismiss in Urenda-Bustos v. Howell, Case No. 2:18-cv-01073-JCM-DJA.
6. I contacted Petitioner's counsel regarding this request, and she indicated that she does not oppose it.
7. Based on the foregoing, I respectfully request an enlargement of time of twenty-eight (28) days, up to an including February 11, 2022, to respond to the Third Amended Petition (ECF No. 79).
IT IS SOORDERED.