Federal prosecutors said they plan to appeal the dismissal of charges in the standoff case against Nevada rancher Cliven Bundy, two of his sons and a fourth man but have asked for another delay to file their opening brief with the 9th Circuit Court of Appeals.

Assistant U.S. Attorney Elizabeth White was granted two earlier extensions to file the government’s brief. She wrote that the government had a draft of a brief that was “nearly complete” and could be filed by Feb. 6.

Cliven Bundy’s lawyer, Larry Klayman, had urged the court not to allow further delay. On Jan. 8, 2018, U.S. District Judge Gloria Navarro threw out criminal charges against Bundy, his two sons and Ryan Payne in their 2014 standoff with federal agents, citing “flagrant misconduct” by prosecutors and the FBI in not disclosing evidence before and during trial. In July, Navarro rejected prosecutors’ request to reconsider her dismissal with prejudice.

Bundy, sons Ammon Bundy and Ryan Bundy, and Payne — a militia leader from Montana — had been indicted on federal conspiracy and other allegations, accused of rallying militia members and armed supporters to stop federal officers from impounding Bundy cattle near Bunkerville, Nevada. Government authorities were acting on a court order filed after Cliven Bundy failed to pay grazing fees and fines for two decades. The outnumbered federal contingent retreated and halted the cattle roundup on April 12, 2014.

In October, Ryan Bundy, who was also one of the leaders of the armed takeover of the Malheur National Wildlife Refuge near Burns in Eastern Oregon, filed a federal civil rights lawsuit against current and former heads of the U.S. Department of Justice and the FBI over his prosecution in the Nevada standoff. Ryan Bundy argued that he was subjected to “malicious prosecution” as retaliation for protecting the Bundy ranch.

In a separate but related case, the Center for Biological Diversity is asking a judge in Nevada to dismiss a civil lawsuit brought by Cliven Bundy in county court in Las Vegas seeking state control of federal land, arguing his claims lack merit and have been rejected numerous times.