Slayden v. MCDANIEL et al

Filing 32

ORDER Denying 25 Motion for a complete copy of the record. Signed by Judge Philip M. Pro on 5/18/2012. (Copies have been distributed pursuant to the NEF - SLR)

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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,
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vs.
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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
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(ECF No. 25) in anticipation of a renewed appeal effort on the basis of actual innocence. He
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thereafter 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. At that time, it came to the Court’s attention that the declarant, Mr. Gunderson,
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may have deceased. In response to the motion and an order from the Court requesting confirmation
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of the fact of Mr. Gunderson’s death, respondents have provided an opposition to the motion (ECF
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No. 30) and evidence that Mr. Gunderson died before the date on which he purportedly signed the
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declaration in question. See Exhibit 1 to Opposition.
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Petitioner replied to the opposition (ECF No. 31) asserting that he had not intended to
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perpetrate a fraud on the Court, as the documents and respondents suggest. Instead he informs the
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Court that he had been receiving assistance from another inmate, a certain Randall Wiideman, who
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had prepared the motion. That inmate has also died.

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In light of the false representations made to the Court, signed by petitioner, whether
drafted by him or not, the motion for a complete copy of the record (ECF No. 25) is DENIED.
IT IS SO ORDERED.
Dated: May 18, 2012

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UNITED STATES DISTRICT JUDGE

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