Jamaar Jerome Williams v. Jackie Crawford, et al

Filing 103

ORDER that Petitioner shall have 01/16/2017 to submit points and authorities and to proffer any evidence in support his claims under Martinez. Respondents shall have 45 days to respond to Petitioners submission. Petitioner shall have 30 days to file a reply. Signed by Judge Andrew P. Gordon on 11/16/2016. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMAAR JEROME WILLIAMS,

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Petitioner,
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vs.
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JACKIE CRAWFORD, et al.,
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Respondents.
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____________________________________/

2:05-cv-00879-APG-CWH
ORDER

On October 19, 2016, the United States Court of Appeals for the Ninth Circuit entered an

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order vacating this court’s order dismissing petitioner’s ineffective assistance claims under Grounds

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Two, Three(a), (b), and (c) and remanding the case so that this court can reconsider the procedural

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default of those claims in light of Martinez v. Ryan, 132 S.Ct. 1309 (2012). ECF No. 100.

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Specifically, the court of appeals directs this court to “evaluate whether further factual development

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is needed and determine whether [the underlying ineffective assistance of counsel] claims are

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substantial under the appropriate standard. Id. at 4.

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In furtherance of the Ninth Circuit’s mandate (ECF No. 101), this court shall entertain
briefing with respect to the Martinez issue.

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IT IS THEREFORE ORDERED that petitioner shall have 60 days from the date this order is

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entered within which to submit points and authorities and to proffer any evidence in support his

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claims under Martinez. Respondents shall thereafter have 45 days within which to respond to

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petitioner’s submission. Petitioner shall have 30 within which to file a reply.

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Dated this 16th day of November, 2016.

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UNITED STATES DISTRICT JUDGE

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