Byford v. Jeremy Bean ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 ROBERT ROYCE BYFORD, Case No. 3:11-cv-00112-JCM-CSD 5 Petitioner, ORDER GRANTING 6 v. MOTION FOR EXTENSION OF TIME 7 WILLIAM GITTERE, et al., (ECF NO. 204) 8 Respondents. 9 10 11 In this capital habeas corpus action, the respondents filed their answer on 12 March 15, 2023 (ECF No. 198). After a 180-day initial period, a 179-day extension of 13 time, and a 90-day extension of time, Petitioner Robert Royce Byford, who is 14 represented by appointed counsel, was to file a reply by June 6, 2024. See Order 15 entered August 27, 2021 (ECF No. 135) (180 days for reply); Order entered September 16 13, 2023 (ECF No. 201) (179-day extension); Order entered March 12, 2024 (ECF No. 17 203) (90-day extension). 18 On June 6, 2024, Byford filed a motion for extension of time (ECF No. 204), 19 requesting a further 60-day extension, to August 5, 2024. Byford’s counsel states that 20 this extension of time is necessary because of the complexity of this case and because 21 of the need to incorporate into the reply the Ninth Circuit Court of Appeals’ recent 22 decision in McLaughlin v. Oliver, 95 F.4th 1239 (9th Cir. 2024). Byford’s counsel 23 represents that the respondents do not oppose the motion for extension of time. 24 The Court finds that the motion for extension of time is made in good faith and 25 not solely for the purpose of delay, and that there is good cause for an extension of 26 time. The Court will extend by 95 days—instead of the requested 60—the time for the 27 reply. The Court does this with the expectation that it should foreclose any motion for a 1 IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time 2 || (ECF No. 204) is GRANTED. Petitioner will have until and including September 9, 3 || 2024, to file his reply to Respondents’ answer. In all other respects, the schedule for 4 || further proceedings set forth in the order entered October 24, 2019 (ECF No. 88) 5 || remains in effect. 6 DATED June 12, 2024. 8 9 ; . tits ©. Atallan JAMES‘. MAHAN 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28