Hall v. Director Department of Corrections

Filing 45

ORDER that 40 Motion to Reopen Case is GRANTED. IT IS FURTHER ORDERED that, as stay is lifted by this order, the Clerk shall REOPEN THE FILE. IT IS FURTHER ORDERED that 41 Motion for Leave to file Exhibits Under Seal is GRANTED. IT IS FURTH ER ORDERED that the Clerk of Court SHALL LINK 42 and 43 supplemental exhibits to 18 Amended Petition for Writ of Habeas Corpus. Amended petition due in 60 days. Signed by Chief Judge Gloria M. Navarro on 2/5/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CECIL LAMAR HALL,

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Petitioner,

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vs.

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Case No. 2:08-cv-01825-GMN-GWF

DIRECTOR, DEPARTMENT OF
CORRECTIONS,

ORDER

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Respondent.
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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 January 4, 2012, this court granted a stay and administratively closed petitioner’s federal

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habeas corpus action so that he could exhaust certain grounds in his first amended petition (ECF #37).

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Petitioner’s further state-court proceedings have concluded, and petitioner, through counsel, has

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now returned to this court seeking to reopen this case and seeking leave to file a second amended

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petition (ECF #40). Petitioner has filed supplemental exhibits (ECF #s 42, 43) and asks that the

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supplemental exhibits be linked to his first amended petition at ECF #18 already on file with the court.

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Respondents filed their non-opposition to the motion (ECF #44). Good cause appearing, this action is

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reopened and the court now sets a further briefing schedule.

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IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action (ECF #40) 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 unopposed motion for leave to file exhibits
under seal (ECF #41) is GRANTED.

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IT IS FURTHER ORDERED that, as requested by petitioner, the supplemental exhibits filed

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at ECF #s 42 and 43 are ACCEPTED as supplemental exhibits to the first amended petition (ECF #18).

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The Clerk of Court SHALL LINK the supplemental exhibits (ECF #s 42, 43) to the first amended

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petition (ECF #18) on the CM/ECF docket in this action.

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IT IS FURTHER ORDERED that petitioner shall have sixty (60) days from the date of this
order to file and serve his second amended petition.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days following

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service of the second amended petition within which to answer, or otherwise respond to, the second

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amended petition.

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IT IS FURTHER ORDERED that petitioner shall have forty-five (45) days following service

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of the answer to file and serve a reply brief. If a dispositive motion is filed in response to the first

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amended petition, the parties shall brief the motion in accordance with Local Rule 7-2.

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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of any

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further exhibits filed in this action to the Reno Division of this Court. Courtesy copies shall be mailed

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to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff

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Attorney” on the outside of the mailing address label.

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DATED this 5th day of February, 2015.

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Gloria M. Navarro, Chief Judge
United States District Court

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