Hughes v. Skolnik et al

Filing 16

ORDER Granting 11 Petitioner's Motion to Compel Compliance with 7 Court Order. Respondents shall fully comply with all requirements of the 7 Court's prior order within 21 days. IT FURTHER IS ORDERED that 12 Petitioners Motion to Extend Time to File a Reply is GRANTED, such that Petitioner may file a reply 60 days from entry of this order. Replies due by 3/8/2013. Signed by Judge Kent J. Dawson on 01/07/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PHILIP HUGHES,
Petitioner,

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2:10-cv-00805-KJD-VCF

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vs.

ORDER

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HOWARD SKOLNIK, et al.,

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Respondents.

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This represented habeas matter under 28 U.S.C. § 2254 comes before the Court on

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petitioner’s motion (#11) to compel compliance with Court order and motion (#12) for an

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extension of time to file a reply.

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Respondents did not comply with the Court’s order (#7) specifically directing – following

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a screening review tailored to this particular case – the state court record materials that were

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to be included with a response in this matter. The supplemental exhibits filed recently

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continue to fall far short of compliance with the order. In the response to petitioner’s motion,

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as well as in the notice filed with the supplemental exhibits, counsel continues to simply

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disregard the Court’s prior order.

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An order such as in this case detailing the specific record materials that the Court finds

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relevant to adjudication of the case follows upon a case-specific screening review.

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Regardless of whether counsel agrees with the Court’s assessment, simply disregarding the

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Court’s order is not an option.

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IT THEREFORE IS ORDERED that petitioner’s motion (#11) to compel compliance

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with Court order is GRANTED and that, within twenty-one (21) days of entry of this order,

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respondents shall fully comply with all requirements of the Court’s prior order (#7). No

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extensions of time will be granted to comply with the Court’s orders, as respondents have had

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ample time previously to comply.

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IT FURTHER IS ORDERED that petitioner’s motion (#12) to extend time is GRANTED,

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such that petitioner may file a reply sixty (60) days from entry of this order. If respondents

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fail to timely and fully comply with the Court’s orders, petitioner may seek an extension of time

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as necessary to the situation.

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DATED: January 7, 2013

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________________________________
KENT J. DAWSON
United States District Judge

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