McMillan v. Nevada 8th District Court et al

Filing 25

ORDER that Respondents shall serve a copy of their motion to dismiss on petitioner at his new address. Opposition to the motion to dismiss is due within 14 days after service. Reply to the motion to dismiss is due within 7 days of service of the Response. The Clerk shall send to petitioner one copy of 23 Klingele Minute Order. Signed by Judge Kent J. Dawson on 4/16/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRYAN MCMILLAN,
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Petitioner,
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vs.
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NEVADA 8TH DISTRICT
COURT et al.,

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Respondents.
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2:11-cv-01482-KJD-PAL
ORDER

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Bryan McMillan, a Nevada prisoner, has submitted a petition for a writ of habeas corpus,
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pursuant to 28 U.S.C. § 2254 (ECF #1). Respondents have filed a motion to dismiss (ECF #20).
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Contemporaneously with that motion, petitioner apparently was released from custody and filed a notice
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of change of address (ECF #24). Petitioner has failed to respond to the motion to dismiss in any manner.
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Out of an abundance of caution, respondents are directed to re-serve the motion to dismiss on petitioner
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at his current address of record.
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IT IS THEREFORE ORDERED that respondents SHALL SERVE a copy of their
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motion to dismiss, along with all exhibits, on petitioner at his current address of record (see ECF #24).
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IT IS FURTHER ORDERED that petitioner shall file and serve his opposition to the
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motion to dismiss, if any, within fourteen (14) days of service of the motion. Respondents shall then
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file and serve their reply to any response within seven (7) days of service of the response.
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IT IS FURTHER ORDERED that the Clerk SHALL SEND to petitioner one copy of
the minute order regarding the requirements of Klingele v. Eikenberry (ECF #23).
DATED: April 16, 2013

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___________________________________
UNITED STATES DISTRICT JUDGE

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