Leavitt v. Neven et al

Filing 42

ORDER Granting 40 Respondents' Motion to Withdraw; Withdrawing 38 Respondents' Motion to Strike; and Granting 41 Respondents' Motion to Extend Time to File a Response to the 36 Amended Petition. Attorney General of the State of Nevada and Dwight Neven answers due 2/17/2013. Signed by Judge James C. Mahan on 12/26/2013. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 CODY LEAVITT, 11 12 13 14 15 ) ) Petitioner, ) ) vs. ) ) DWIGHT NEVEN, et al., ) ) Respondents. ) ____________________________________/ Case No. 2:12-cv-00987-JCM-CWH ORDER 16 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a 17 Nevada state prisoner represented by counsel. 18 On October 15, 2013, petitioner filed an amended petition and exhibits in support of the 19 amended petition. (ECF Nos. 35 & 36). On November 5, 2013, respondents filed a motion to strike 20 the amended petition because the exhibits filed with the amended petition were not properly marked 21 pursuant to Rule 10-3(a) of the Local Rules of Civil Practice. (ECF No. 38). On November 19, 22 2013, petitioner filed an errata to the exhibits in support of the amended petition, correcting the 23 exhibits by properly marking them. (ECF No. 39). Respondents have filed a motion to withdraw 24 their motion to strike, in light of petitioner’s correction of the exhibits. (ECF No. 40). The motion 25 to withdraw is granted. 26 1 Respondents have also filed a motion for an extension of time in which to file a response to 2 the amended petition for a writ of habeas corpus. (ECF No. 41). Respondents seek a 60-day 3 enlargement of time, up to and including February 17, 2014, to file a response. Having reviewed the 4 motion and good cause appearing, respondents’ motion is granted. 5 6 7 8 IT IS THEREFORE ORDERED that respondents’ motion to withdraw (ECF No. 40) their motion to strike (ECF No. 38) is GRANTED. IT IS FURTHER ORDERED that respondents’ motion to strike (ECF No. 38) is WITHDRAWN. 9 IT IS FURTHER ORDERED that respondents’ motion for an extension of time to file a 10 response to the amended petition (ECF No. 41) is GRANTED. The response shall be filed on or 11 before February 17, 2014. 26th Dated this ______ day of December, 2013. 12 13 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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