Gato v. Smith et al

Filing 13

ORDER Denying 11 Motion for District Judge to Reconsider Order; and ORDER DISREGARDING 12 Motion to Amend 6 Petition for Writ of Habeas Corpus. Signed by Judge Kent J. Dawson on 11/17/2010. (Copies have been distributed pursuant to the NEF - DXS)

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Gato v. Smith et al Doc. 13 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This is a habeas corpus case pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner is proceeding pro se. On October 19, 2010, the court entered an order denying petitioner's motion for appointment of counsel. (Docket #5.) On November 12, 2010, petitioner filed a motion for reconsideration of that order. (Docket #11.) Although petitioner claims to have limited education and skills in the English language, the petition on file in this action is well-written and sufficiently clear in presenting the issues that petitioner wishes to bring. The court finds no basis for reconsideration of its prior order. IT IS THEREFORE ORDERED that petitioner's motion for reconsideration is DENIED. (Docket #11.) vs. GREGORY SMITH, et al, Respondent. RENE GATO, Petitioner, ) ) ) ) ) ) ) ) ) / 2: 10-cv-01748-KJD-RJJ ORDER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 The court's order of October 19, 2010, provided in part as follows: IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every pleading, motion, or other document he submits for consideration by the court. Petitioner shall include with the original paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the Attorney General. The court may disregard any paper that does not include a certificate of service. After respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney General assigned to the case. On November 12, 2010, petitioner filed a motion to amend his petition. (Docket #12.) This motion does not include a certificate of service on the Attorney General of the State of Nevada. IT IS THEREFORE ORDERED that the motion will be DISREGARDED by the court. (Docket #12.) DATED: November 17, 2010. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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