Pough v. Gillespie et al

Filing 37

ORDER that the clerk shall send a copy of this order to the marshal for service and that within 7 days of entry of this order the marshal shall serve the respondent Sheriff Douglas C. Gillespie. Counsel for the sheriff shall enter a notice ofappear ance in the district court within 14 days of service of this order and shall review the status of the appellate proceeding in No. 14-15412 in the court of appeals. Within 21 days of entry of this order counsel with the state attorney general shall enter a notice of appearance in the district court. Signed by Judge James C. Mahan on 6/17/2014. (Copies have been distributed pursuant to the NEF - Order hand delivered to USM - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JERRY D. POUGH,
Petitioner,

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2:13-cv-00644-JCM-NJK

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vs.

ORDER

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DOUG GILLESPIE, et al.,

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Respondents.

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In this habeas matter, the court had contemplated that the marshal and counsel would
proceed with more alacrity. Accordingly,

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IT IS ORDERED that the clerk shall SEND a copy of this order to the marshal for

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service and that, within seven (7) days of entry of this order, the marshal shall SERVE the

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respondent Sheriff Douglas C. Gillespie, at the Las Vegas Metropolitan Police

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Department, 3141 Sunrise Avenue, Las Vegas, Nevada 89101, or wherever he otherwise

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may be served most efficiently by the marshal.

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IT FURTHER IS ORDERED that counsel for the sheriff shall enter a notice of

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appearance in the district court within fourteen (14) days of service of this order and shall

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review the status of the appellate proceeding in No. 14-15412 in the court of appeals with

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respect to any appropriate action to be taken therein, including a notice of appearance, with

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regard to petitioner’s efforts to obtain federal intervention in the pending criminal proceedings

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in No. C-12-281031-1 in the state district court.

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IT FURTHER IS ORDERED that, within twenty-one (21) days of entry of this order

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counsel with the state attorney general shall enter a notice of appearance in the district court,

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and that said counsel shall review the status of the above-referenced appellate proceeding

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with respect to any appropriate action to be taken therein, including a notice of appearance.

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IT FURTHER IS ORDERED that no additional response is required from respondents,

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other than to respond to any orders of a reviewing court.1

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IT FURTHER IS ORDERED that, following upon the filing of a notice of appearance

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by each counsel in the district court, the clerk shall provide the respective counsel copies of

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all filings herein up to counsel’s notice of appearance, either by regeneration of notices of

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electronic filing to counsel or by such other method consistent with the clerk’s current

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practices.
DATED: June 17, 2014.

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_________________________________
JAMES C. MAHAN
United States District Judge

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The court leaves to respondents’ counsel the matter of who will take the lead role on appeal if a
response is directed by the court of appeals.

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