KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 281

ORDER. IT IS ORDERED that this action is STAYED. IT IS FURTHER ORDERED that 273 Petitioner's Motion for Evidentiary Hearing is DENIED, without prejudice. See Order for details/deadlines. Signed by Judge James C. Mahan on 10/7/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:03-cv-01005-JCM-DJA Document 281 Filed 10/07/20 Page 1 of 2

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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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v.

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME

WILLIAM GITTERE, et al.,

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Case No. 2:03-cv-01005-JCM-CWH

Respondents.

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In this capital habeas corpus action, the respondents filed their answer on

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November 15, 2018 (ECF No. 263), the petitioner, Kevin James Lisle, filed his reply

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on April 26, 2019 (ECF No. 271), the respondents filed a response to the reply on

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July 10, 2020 (ECF No. 276). Lisle filed a motion for evidentiary hearing with his reply,

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and that motion has been fully briefed (ECF Nos. 273, 277, 278).

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Lisle has another capital habeas corpus action pending in this Court, Lisle v.

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Gittere, et al., Case No. 2:03-cv-01006-MMD-DJA (Lisle II). The Court in this action

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takes judicial notice of the proceedings in Lisle II. In that case, Lisle has filed a pro se

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motion to waive further proceedings and voluntarily dismiss the action (ECF No. 359 in

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Lisle II). It appears from the record in Lisle II that the motion raises questions regarding

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whether Lisle is competent to make such a waiver and whether his waiver is knowing,

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intelligent and voluntary, and the Court has granted an evidentiary hearing with respect

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to those questions (ECF No. 402 in Lisle II). The evidentiary hearing is scheduled to

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commence on October 22, 2020 (ECF No. 407 in Lisle II).

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In view of the proceedings in Lisle II, The Court will stay this action pending the

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resolution of Lisle’s motion, in Lisle II, to waive further proceedings and voluntarily

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dismiss that action. After that motion in Lisle II is resolved, this Court will hear from the

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parties regarding what effect the Court’s ruling on that motion, in Lisle II, has on this
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Case 2:03-cv-01005-JCM-DJA Document 281 Filed 10/07/20 Page 2 of 2

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action. The Court will deny the motion for evidentiary hearing that is pending in this

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case, without prejudice. When the stay of this action is lifted the Court will determine

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whether renewal of the motion for evidentiary hearing is warranted, whether and how

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this action should proceed, and whether any supplemental briefing is warranted.

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IT IS THEREFORE ORDERED that this action is STAYED.

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IT IS FURTHER ORDERED that Respondents shall file a notice in this action,

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within 30 days after the Court resolves the motion to waive further proceedings and

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voluntarily dismiss action in Lisle II (ECF No. 359 in Lisle II), informing the Court of the

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ruling on that motion.

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IT IS FURTHER ORDERED that Petitioner’s Motion for Evidentiary Hearing (ECF
No. 273) is DENIED, without prejudice.

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DATED THIS ___ day of _____________________, 2020.
7th
October

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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