Slayden v. MCDANIEL et al

Filing 27

ORDERED that the Clerk shall serve the motion 25 and declaration 26 upon respondents. FURTHER ORDERED that the respondents shall, within 30 days, file a response to 25 Motion for Complete Record which shall also confirm for the Court Mr. Gunderson's status. Signed by Judge Philip M. Pro on 10/20/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EMERY SLAYDEN,

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Petitioner,
vs.
E.K. McDANIEL, et al.,

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Respondents.

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2:06-cv-0664-PMP-RJJ
ORDER

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Emery Slayden, a Nevada prisoner, has filed a Motion for Complete Copy of Records (ECF

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No. 25) in anticipation of a renewed appeal effort on the basis of actual innocence. He has also

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recently provided a signed copy of the supporting Declaration of Ted L. Gunderson, private

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investigator of Gunderson and Associates located in Los Angeles, California, (ECF No. 26), dated

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October 9, 2011. The Court notes that petitioner, in violation of the Court’s rules, has failed to serve

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a copy of his motion upon respondents. See LR 5-1.

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The Declaration from Mr. Gunderson which sets out his license number and social security

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number (another violation of Court Special Order 108) indicates Gunderson’s plans to obtain Sandy

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Doram’s affidavit upon his return from Panama in December, 2011. The Declaration causes the

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Court some concern, as the Court was under the impression that Mr. Gunderson had recently passed

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away. Therefore, respondents shall be required to file a response to the motion and shall confirm for

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the Court whether or not Mr. Gunderson is, in fact, alive.

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IT IS THEREFORE ORDERED that the Clerk shall serve the motion and declaration upon
respondents.
IT IS FURTHER ORDERED that the respondents shall, within thirty days of entry of this

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Order, file a response to the Motion for Complete Record which shall also confirm for the Court Mr.

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Gunderson’s status.

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DATED: October 20, 2011.

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PHILIP M. PRO
United States District Judge

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