Escobar v. Scillia et al

Filing 42

ORDER 41 Motion to Extend Time to Respond re 37 MOTION to Stay is GRANTED. Responses due by 5/16/2013. FURTHER ORDERED 38 Motion for Leave to Amend Second Amended Petition is STRICKEN. Signed by Judge Kent J. Dawson on 5/9/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CARLOS A. ESCOBAR,

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Petitioner,

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vs.

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ANTHONY SCILLIA, et al.,

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Case No. 2:10-cv-01973-KJD-NJK

Respondents.

ORDER

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Respondents have submitted a motion for enlargement of time (first request) (#41). The
court grants this motion.

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On the court’s docket are two motions from petitioner: A motion for issuance of stay and

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abeyance order under Rhines v. Weber (#37) and a motion for leave to amend second amended

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petition (#38). They are actually the same document. Petitioner has filed errata (#39), indicating

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that the caption was titled incorrectly, and asking that the court delete the motion for leave to amend

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second amended petition. The court will strike the motion for leave to amend.

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IT IS THEREFORE ORDERED that respondents’ motion for enlargement of time (first

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request) (#41) is GRANTED. Respondents shall have through May 16, 2013, to file and serve a

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response to petitioner’s motion for issuance of stay and abeyance order under Rhines v. Weber

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(#37).

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IT IS FURTHER ORDERED that the clerk of the court STRIKE the motion for leave to

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amend second amended petition (#38).

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DATED: May 9, 2013

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_________________________________
KENT J. DAWSON
United States District Judge

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