STERLING ATKINS v. E.K. MCDANIEL (DEATH PENALTY)

Filing 196

ORDER. IT IS THEREFORE ORDERED that 193 respondents' motion for waiver of compliance with LR IA 10-3(e) and (i) is GRANTED IN PART AND DENIED IN PART. See Order for details. Signed by Judge James C. Mahan on 12/27/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STERLING ATKINS,

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Petitioner,

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vs.

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TIMOTHY FILSON et al.,

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2:02-cv-01348-JCM-PAL

Respondents.

ORDER

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/

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In this capital habeas corpus action, the respondents filed a motion to dismiss (ECF No. 192)

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on December 22, 2016. Petitioner’s response to that motion is due on February 21, 2017. See Order

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entered August 10, 2015 (ECF No. 167) (60 days for response to motion to dismiss).

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Along with the motion to dismiss, respondents filed a motion for waiver of compliance with
LR IA 10-3(e) and (i) (ECF No. 193).
In their motion, respondents first request a waiver, for purposes of this case, of Local Rule IA

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10-3(e), which requires, with respect to the filing of exhibits, that the cover sheet for each exhibit

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must include a descriptor of the exhibit. The court finds that, in this habeas corpus action, there is

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good cause to waive the requirement that the cover sheet for each exhibit include a descriptor of the

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exhibit. For purposes of this action, the court waives the requirement in Local Rule IA 10-3(e) that

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the cover sheet for each filed exhibit must include a descriptor of the exhibit.

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Additionally, respondents request a waiver of Local Rule IA 10-3(I), which concerns exhibits

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to documents filed or submitted to the court in paper form. Respondents’ motion to dismiss, and the

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exhibits in support of it, have been filed in electronic form; therefore, it appears that this local rule

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does not apply. This part of respondents’ motion is unnecessary and will be denied.

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However, pursuant to LR IC 2-2(g), because respondents’ motion to dismiss and supporting

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exhibits each exceed 50 pages, respondents are to submit paper copies of those items to the court;

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respondents should submit those copies of the motion and exhibits to the attention of the court’s staff

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attorneys, at the office of the clerk of the court, at the court’s Reno location.

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IT IS THEREFORE ORDERED that respondents’ motion for waiver of compliance with

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LR IA 10-3(e) and (i) (ECF No. 193) is GRANTED IN PART AND DENIED IN PART, as

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described above.

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December 27, 2016.
Dated this _____ day of December, 2016.

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______________________________________
UNITED STATES DISTRICT JUDGE

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