Jessica Williams VS Chirstine Bodo, etal

Filing 111

ORDER. IT IS ORDERED that 97 petitioner's motion to lift stay is GRANTED. IT IS FURTHER ORDERED that, as the stay is lifted by this order, the Clerk shall REOPEN THE FILE in this action. IT IS FURTHER ORDERED that 109 petitioner&# 039;s motion for leave to file an amended petition is GRANTED.IT IS FURTHER ORDERED that the supplemental exhibits filed at 98 to 102 , 106 , and 108 are ACCEPTED as supplemental exhibits to the amended petition 110 . The Clerk of Cour t SHALL LINK the supplemental exhibits 98 to 102 , 106 , and 108 to the amended petition 110 on the CM/ECF docket in this action. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days following the date of entry of thi s order within which to answer, or otherwise respond to, the amended petition 110 . IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all exhibits to the Reno Division of this court. IT IS FURTHER ORDERED that petitioner& #039;s motion for leave to file supplemental authorities in support of ground 8 and motion for extension of time 103 and 105 are both DENIED as moot. IT IS FURTHER ORDERED that the Clerk SHALL STRIKE 107 petitioner's memorandum in supp ort of ground 8. IT IS FURTHER ORDERED that 104 petitioner's motion to partially waive local rules is GRANTED as set forth in this order. See Order for further details. Signed by Judge Kent J. Dawson on 2/7/17. (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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***

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JESSICA WILLIAMS,

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Case No. 2:04-cv-01620-KJD-GWF
Petitioner,

ORDER

v.
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JO GENTRY, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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On March 17, 2011, this court granted a stay and administratively closed

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petitioner Jessica Williams’ federal habeas corpus action pending exhaustion of

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unexhausted claims (ECF No. 91).

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Williams’ extensive further state-court proceedings have concluded, and she has

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now returned to this court, through counsel, seeking to reopen this case (ECF No. 97).

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Petitioner initially filed a motion for leave to file supplemental briefing on ground 8, but

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now seeks to withdraw that motion (see ECF Nos. 103, 107, 109). Williams

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subsequently filed a motion for leave to file an amended petition, with a proposed

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amended petition (ECF Nos. 109, 110). Williams has also filed supplemental exhibits in

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support of the motion to reopen the case and in support of her amended petition (ECF

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Nos. 98-102, 106, 108). Petitioner asks that the supplemental exhibits be linked to her

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amended petition at ECF No. 110. Respondents have not opposed or responded to the

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motions in any way. Accordingly, and good cause appearing, this action is reopened,

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and the motion for leave to file an amended petition is granted.
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Williams has also filed a motion to partially waive Local Rules IA 10-3(e), 7-3(b)
and 7-3(c) (ECF No. 104). Williams asks the court to waive, for purposes of this action,
the provision in Local Rule IA 10-3(e) that requires the cover page of each filed exhibit to
include a description of the exhibit. See LR IA 10-3(e); see also LR IA 10-3(i). Williams
notes that Local Rule IA 1-4 provides that the court may waive any provision of the local
rules, sua sponte or on a motion, if the interests of justice so require. See LR IA 1-4.
Williams states that adding descriptors to the cover pages of exhibits is unduly
burdensome (ECF No. 104). Williams states that she will still provide indexes of exhibits
and exhibit cover sheets referencing each exhibit by letter. Id. Williams also asks the
court to waive the page limits for motions and replies set forth in Local Rules 7-3(b) and
7-3(c). In light of the procedural history, the number and nature of grounds still before
this court, and the number of exhibits in this habeas corpus action, the court finds that
there is good cause for the requested waivers, and will grant the waivers for all parties.
The court now sets a further briefing schedule.
IT IS THEREFORE ORDERED that petitioner’s motion to lift stay (ECF No. 97) is
GRANTED.
IT IS FURTHER ORDERED that, as the stay is lifted by this order, the Clerk shall
REOPEN THE FILE in this action.
IT IS FURTHER ORDERED that petitioner’s motion for leave to file an amended
petition (ECF No. 109) is GRANTED.
IT IS FURTHER ORDERED that the supplemental exhibits filed at ECF Nos. 98102, 106, and 108 are ACCEPTED as supplemental exhibits to the amended petition
(ECF No. 110). The Clerk of Court SHALL LINK the supplemental exhibits (ECF Nos.
98-102, 106, and 108) to the amended petition (ECF No. 110) on the CM/ECF docket in
this action.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days
following the date of entry of this order within which to answer, or otherwise respond to,
the amended petition (ECF No. 110).
IT IS FURTHER ORDERED that petitioner shall have forty-five (45) days
following service of the response to file and serve petitioner’s response.
IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all
exhibits to the Reno Division of this court. Courtesy copies shall be mailed to the Clerk
of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff
Attorney” on the outside of the mailing address label. Additionally, in the future, all
parties shall provide courtesy copies of any additional exhibits submitted to the court in
this case, in the manner described above.
IT IS FURTHER ORDERED that petitioner’s motion for leave to file supplemental
authorities in support of ground 8 and motion for extension of time (ECF Nos. 103 and
105) are both DENIED as moot.
IT IS FURTHER ORDERED that the Clerk SHALL STRIKE petitioner’s
memorandum in support of ground 8 (ECF No. 107).
IT IS FURTHER ORDERED that petitioner’s motion to partially waive local rules
(ECF No. 104) is GRANTED as set forth in this order.

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DATED: 7 February 2017.
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KENT J. DAWSON
UNITED STATES DISTRICT JUDGE

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