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

Filing 206

ORDER. IT IS ORDERED that 205 respondents' Unopposed Motion for Enlargement of Time is DENIED as unnecessary and moot. Respondents' reply in support of 192 their motion to dismiss, response to 204 petitioner's motion for leave to conduct discovery, and 203 response to motion for evidentiary hearing are due on 5/22/17. Signed by Judge James C. Mahan on 5/5/17. (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 on

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December 22, 2016 (ECF No. 192). The petitioner, Sterling Atkins, filed an opposition to that

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motion on April 21, 2017 (ECF No. 202). With his opposition to the motion to dismiss, Atkins also

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filed a motion for leave to conduct discovery (ECF Nos. 201, 204) and a motion for evidentiary

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hearing (ECF No. 203).

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On May 5, 2017, respondents filed a motion for extension of time (ECF No. 205), requesting

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that the time for them to respond to the motion for leave to conduct discovery and motion for

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evidentiary hearing be extended to May 22, 2017, the same date on which their reply in support of

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their motion to dismiss is due.

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Respondents’ responses to Atkins’ motion for leave to conduct discovery and motion for

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evidentiary hearing are already due on May 22, 2017; the scheduling order in this case makes those

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responses due “concurrently with, but separate from, their reply in support of their motion to

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dismiss.” Order entered August 10, 2015 (ECF No. 167). Respondents’ motion for extension of

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time is, therefore, unnecessary and moot, and it will be denied on that ground.

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IT IS THEREFORE ORDERED that respondents’ Unopposed Motion for Enlargement of

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Time (ECF No. 205) is DENIED as unnecessary and moot. Respondents’ reply in support of their

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motion to dismiss, response to petitioner’s motion for leave to conduct discovery, and response to

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motion for evidentiary hearing are due on May 22, 2017.

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Dated this 5th day of May, 2017.

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______________________________________
UNITED STATES DISTRICT JUDGE

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