Chirchick v. Williams et al

Filing 10

ORDER that, within forty-five (45) days of entry of this order, respondents shall enter a notice of appearance and shall file and serve a response to the motion 8 for District Judge to Reconsider Order. Petitioner may file a reply to respondents response within thirty (30) days of service of the response. Signed by Judge Gloria M. Navarro on 2/15/12. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

MITCHELL ADAM CHIRCHICK,
9
Petitioner,

2:10-cv-00745-GMN-RJJ

10
vs.
11
12
13

ORDER
BRIAN E. WILLIAMS, et al.,
Respondents.

14
15

In connection with petitioner’s motion (#8) for reconsideration, styled as a petition for

16

rehearing, which has been filed within the time period for seeking relief under Rule 59 of the

17

Federal Rules of Civil Procedure,

18

IT IS ORDERED that, within forty-five (45) days of entry of this order, respondents

19

shall enter a notice of appearance and shall file and serve a response to the motion. The

20

response – subject to the proviso below – shall be accompanied by the relevant portion of an

21

appropriately redacted copy of the prison legal mail log from within the period from April 27,

22

2011, through February 8, 2012, with a covering declaration or affidavit by a records

23

custodian with personal knowledge as to the presence or absence of relevant entries. If there

24

are no entries in the log reflecting that a mailing that could contain a copy of the Court’s April

25

27, 2011, order was available to be received and/or was received by petitioner, then the

26

records custodian simply can so attest in the declaration or affidavit without the need to attach

27

what then merely would be a completely redacted copy of pages from the log. No response

28

otherwise is required from respondents other than to respond as above.

1
2
3

IT FURTHER IS ORDERED that petitioner may file a reply to respondents’ response
within thirty (30) days of service of the response.1
DATED this 15th day of February, 2012.

4
5

_________________________________
Gloria M. Navarro
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

In the motion for reconsideration, petitioner requests that, if the matter is reopened, he be given 120
days to file an amended petition in response to the Court’s prior order. The Court typically does not grant
more than 30 to 60 days to amend a petition. Petitioner therefore may find it prudent to begin work on an
amended petition in the interim without waiting to find out whether or not his motion for reconsideration will be
granted. The Court notes in this regard that the docket entry for the motion for reconsideration reflects that
the Clerk sent petitioner another copy of the order (#4) directing the filing of an amended petition. If the Court
ultimately grants the motion for reconsideration and reopens the matter, it likely will allow petitioner 60 days
from entry of such order within which to file an amended petition. At present, however, the Court has not
rendered a decision on the motion for reconsideration, and that motion remains pending.

-2-