KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 218

ORDER that within 20 days respondents shall file a reply in support of 182 motion to dismiss. Signed by Judge Miranda M. Du on 6/11/15. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 KEVIN JAMES LISLE, Case No. 2:03-cv-01006-MMD-CWH 10 11 12 13 Petitioner, ORDER v. RENEE BAKER, et al., Respondents. 14 15 16 The respondents in this capital habeas corpus action filed a motion to dismiss on 17 December 26, 2014. (Dkt. no. 182.) The petitioner, Kevin James Lisle, filed an 18 opposition to that motion on April 27, 2015. (Dkt. no. 206.) 19 20 21 22 23 24 On May 12, 2015, Lisle’s counsel filed an ex parte motion to withdraw. (Dkt. no. 213.) That motion is pending. On May 28, 2015, the Court ordered further briefing of the motion to dismiss suspended pending resolution of the motion to withdraw. (Dkt. no. 216.) The Court has determined that further limited briefing regarding the motion to dismiss will be beneficial at this time. 25 It is therefore ordered that, within twenty (20) days from the entry of this order, 26 respondents shall file a reply in support of their motion to dismiss, responding only to 27 Lisle’s argument, at pages 4-10 of his opposition to the motion to dismiss (dkt. no. 206), 28 that the State has waived the statute of limitations defense. 1 The Court will, when appropriate, schedule respondents’ further reply to Lisle’s 2 opposition to the motion to dismiss, and the filing and litigation of Lisle’s anticipated 3 motion for evidentiary hearing. 4 5 DATED THIS 11th day of June 2015. 6 7 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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