KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 250

ORDER re schedule for further briefing of motions. See Order for details/deadlines. Signed by Judge James C. Mahan on 9/12/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN JAMES LISLE,

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Petitioner,

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vs.

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TIMOTHY FILSON, et al.,

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2:03-cv-01005-JCM-CWH

Respondents.

ORDER

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/

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In this capital habeas corpus action, the petitioner, Kevin James Lisle, filed a third amended

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petition for writ of habeas corpus on October 21, 2016 (ECF No. 197). Respondents filed a motion

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to dismiss on March 20, 2017 (ECF No. 216). Lisle filed an opposition to the motion to dismiss on

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August 11, 2017 (ECF No. 232). On that date, Lisle also filed a motion for leave to conduct

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discovery (ECF No. 236), a motion for orders for medical examination and site inspection (ECF No.

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241), and a motion for evidentiary hearing (ECF No. 239).

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On August 14, 2017, Lisle’s counsel filed an ex parte Motion to Withdraw or for

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Appointment of Conflict Counsel (ECF No. 243 (sealed)). The Court granted that motion, and

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appointed separate counsel for Lisle for the limited purpose of supplementing Lisle’s opposition to

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respondents’ motion to dismiss, to assert certain arguments regarding the issue of equitable

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tolling of the statute of limitations (ECF Nos. 246, 247 (sealed)). The appointed separate counsel,

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A. Richard Ellis, appeared for Lisle on September 6, 2017 (ECF No. 248).

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Therefore, the Court will now set a schedule for further briefing of the motion to dismiss and
related motions, as follows:
Within 60 days from the date of entry of this order, Ellis shall file and serve, on Lisle’s
behalf, his supplement to Lisle’s opposition to the motion to dismiss.
Within 30 days after Ellis files the supplement to Lisle’s opposition to the motion to dismiss,

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respondents shall file their reply in support of their motion to dismiss, and their responses to the

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motion for leave to conduct discovery, the motion for orders for medical examination and site

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inspection, and the motion for evidentiary hearing.

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Thereafter, Lisle shall, within 30 days, file his replies in support of the motion for leave to

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conduct discovery, the motion for orders for medical examination and site inspection, and the motion

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for evidentiary hearing.

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IT IS SO ORDERED.

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Dated September 12, 2017.
this _____ day of September, 2017.

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UNITED STATES DISTRICT JUDGE
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