Lewis v. The State of Nevada et al

Filing 82

ORDER. IT IS THEREFORE ORDERED THAT 78 Motion to Reopen Case 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 79 supplemental exhibits are ACCEPTED as supplemental exhibits to 43 amended petition. The Clerk of Court SHALL LINK 79 supplemental exhibits to 43 amended petition on the CM/ECF docket in this action. Answer due in 45 days. IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all exhibits to the Reno Division of this court. Signed by Chief Judge Gloria M. Navarro on 4/27/16. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 WILLIE RAY LEWIS, Case No. 2:10-cv-01225-PMP-CWH 10 Petitioner, ORDER v. 11 NEVADA, STATE OF, et al., 12 Respondents. 13 14 This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 15 On June 2, 2014, this court granted a stay and administratively closed petitioner 16 Willie Ray Lewis’s federal habeas corpus action in order that he could exhaust ground 17 4(b) of his petition (ECF No. 76). 18 Lewis’s further state-court proceedings have concluded, and petitioner has now 19 returned to this court, through counsel, seeking to reopen this case (ECF No. 78). 20 Petitioner has filed supplemental exhibits in support of the motion to reopen the case 21 and in support of his amended petition (ECF No. 79). 22 supplemental exhibits be linked to his amended petition at ECF No. 43. Respondents 23 filed their non-opposition to the motion (ECF No. 80). Good cause appearing, this 24 action is reopened, and the court now sets a further briefing schedule. 25 26 27 28 Petitioner asks that the IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action ECF No. 78) is GRANTED. IT IS FURTHER ORDERED that, as the stay is lifted by this order, the Clerk shall REOPEN THE FILE in this action. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IT IS FURTHER ORDERED that the supplemental exhibits filed at ECF No. 79 are ACCEPTED as supplemental exhibits to the amended petition (ECF No. 43). The Clerk of Court SHALL LINK the supplemental exhibits (ECF No. 79) to the amended petition (ECF No. 43) on the CM/ECF docket in this action. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days following the date of entry of this order within which to answer, or otherwise respond to, the amended petition (ECF No. 43). IT IS FURTHER ORDERED that petitioner shall have forty-five (45) days following service of the response to file and serve petitioner’s response. IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all exhibits to the Reno Division of this court. While the Local Rules provide that parties should send paper courtesy copies of filings over fifty pages, in this instance, courtesy copies may be in paper form or as PDF documents saved to a CD–so long as each PDF is clearly identified by exhibit number. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the outside of the mailing address label. Additionally, in the future, all parties shall provide courtesy copies of any additional exhibits submitted to the court in this case, in the manner described above. 19 20 DATED: 27 April 2016. 21 22 23 GLORIA M. NAVARRO, CHIEF JUDGE, UNITED STATES DISTRICT COURT 24 25 26 27 28 2

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