Escobar v. Scillia et al

Filing 52

ORDER granting 49 Motion to Reopen Case. This action is REINSTATED. Respondents have forty-five (45) days from the date of this order to file and serve an answer. IT IS FURTHER ORDERED that the exhibits filed in the courts docket at [50 ] shall be considered as additional exhibits to the first amended petition 11 . From this date forward, the hard copy of any exhibits shall be forwarded for this case to the staff attorneys in Las Vegas. Signed by Judge Kent J. Dawson on 1/6/2015. (Copies have been distributed pursuant to the NEF - DKJ)

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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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The court stayed this action while petitioner returned to state court to pursue post-conviction

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relief. Those proceedings have concluded, petitioner has filed a motion to reopen case (#49), and

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respondents have filed a non-opposition (#51). Good cause appearing;

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IT IS THEREFORE ORDERED that petitioner’s motion to reopen case (#49) is
GRANTED. This action is REINSTATED.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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on which this order is entered to answer or otherwise respond to the first amended petition (#11). If

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respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing

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Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five

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(45) days from the date on which the answer is served to file a reply.

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IT IS FURTHER ORDERED that the exhibits filed in the court’s docket at #50 shall be

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considered as additional exhibits to the first amended petition (#11).

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IT IS FURTHER ORDERED that, from this date forward, the hard copy of any exhibits
shall be forwarded—for this case—to the staff attorneys in Las Vegas.
DATED: January 6, 2015

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_________________________________
KENT J. DAWSON
United States District Judge

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