KEVIN JAMES LISLE v. E.K. MCDANIEL

Filing 408

ORDER - Clerk is directed to file the letter received from Petitioner dated June 18, 2020. Signed by Chief Judge Miranda M. Du on 6/29/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEVIN JAMES LISLE,

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Case No. 2:03-cv-1006-MMD-CWH
Petitioner,

ORDER

v.

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WILLIAM GITTERE, et al.,
Respondents.

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In this capital habeas corpus action, Petitioner Kevin James Lisle has filed, pro se,

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a motion to waive further proceedings and voluntarily dismiss this action. (ECF No. 359.)

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Petitioner’s motion raises the questions whether Petitioner is competent to make such a

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waiver and whether his waiver is knowing, intelligent and voluntary. The Court appointed

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an expert, Dr. Melissa Piasecki, to examine Petitioner and produce a report, and she has

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done so. (ECF Nos. 382, 390, 391, 392.) Further, the Court has set an evidentiary hearing

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regarding these issues, to commence on October 22, 2020. (ECF Nos. 402, 407.)

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The Court has received a letter dated June 18, 2020, from Lisle, in which Lisle

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states that he believes he has been retaliated against at Ely State Prison (“ESP”), the

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prison where he is incarcerated, as a result of the Court setting the evidentiary hearing.

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The letter will be filed.

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The Court takes seriously Lisle’s belief that he has been retaliated against because

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of activity in this action, or, for that matter, because of any protected activity. The Federal

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Public Defender’s office should inform the Court immediately if there is evidence of any

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ongoing retaliation against Lisle. Furthermore, as the effect upon Lisle of the conditions

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of his confinement may be relevant to the question of the voluntariness of his waiver,

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evidence of any retaliation against Lisle, as well as evidence that Lisle believes he has

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been retaliated against, may be admissible at the evidentiary hearing.

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It is therefore ordered that the Clerk of the Court is directed to file the letter received
from Petitioner dated June 18, 2020.

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DATED THIS 29th day of June 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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