Guerra v. Williams et al

Filing 18

ORDER that, within 30 days of entry of this order, respondents shall file and serve a response to 17 MOTION to Vacate 10 Order on Motion to Dismiss, filed by Yoel Guerra. Reply due by 6/29/2012. Signed by Judge James C. Mahan on 4/30/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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YOEL GUERRA,
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Petitioner,

2:11-cv-01842-JCM-RJJ

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vs.
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ORDER

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BRIAN WILLIAMS, et al.,

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Respondents.

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In connection with petitioner’s motion (#17) to vacate order, which arises under Rule

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60 of the Federal Rules of Civil Procedure following upon the expiration of the time period for

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seeking relief under Rule 59,

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IT IS ORDERED that, within thirty (30) days of entry of this order, respondents shall

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file and serve a response to the motion. The response – subject to the proviso below – shall

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be accompanied by the relevant portion of an appropriately redacted copy of the prison legal

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mail log from within the period from January 9, 2012, through March 2, 2012, with a covering

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declaration or affidavit by a records custodian with personal knowledge as to the presence

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or absence of relevant entries. If there are no entries in the log reflecting that a mailing that

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could contain a copy of either (a) respondents’ motion (#7) to dismiss filed on January 10,

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2012, and/or (b) the Klingele notice (#9) entered on January 11, 2012, was available to be

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received and/or was received by petitioner, then the records custodian simply can so attest

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in the declaration or affidavit without the need to attach what then merely would be a

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completely redacted copy of pages from the log. If the mail log instead reflects that either one

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or both of the mailings were available to petitioner, either the records custodian or another

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declarant or affiant with personal knowledge shall address petitioner’s representations on

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page 2 of his motion as to what Ms. Rashanda Smith allegedly would attest.1

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IT FURTHER IS ORDERED that petitioner may file a reply to respondents’ response
within thirty (30) days of service of the response.
IT FURTHER IS ORDERED that the clerk shall forward a copy of this order to the court
of appeals via a notice of electronic filing.
DATED:April 30, 2012.

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_________________________________
JAMES C. MAHAN
United States District Judge

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The court is aware that an appeal is pending and of the effect of an appeal on the district court’s jurisdiction to
entertain a Rule 60 motion. Regardless of the legal arguments presented by respondents in response to the motion, they
shall provide the underlying factual material required by this order with regard to the presence or absence of relevant
mail log entries.

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