Bradley v. Attorney General of the State of Nevada

Filing 60

ORDER granting 59 Motion for Leave to serve Subpoenas. (See Order for Details) Amended Petition due by 5/15/2017. Signed by Judge Richard F. Boulware, II on 1/19/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CARL BRADLEY,
Petitioner,

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v.

Case No. 2:13-cv-01196-RFB-CWF
ORDER

ATTORNEY GENERAL OF THE STATE
OF NEVADA., et al.
Respondents.

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On November 13, 2016, this Court held a status conference to discuss the

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precise scope of the discovery Petitioner Carl Bradley is seeking. The Court wanted

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to determine what remaining discovery is in Respondents’ possession, and whether

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any further discovery needs to be compelled on Petitioner’s behalf.

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The Court having heard oral argument on November 13, 2016, finds there is

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good cause to warrant discovery based on Rule 6A of the Rules Governing §2254

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Petitions.

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IT IS ORDERED that Petitioner, by counsel is hereby GRANTED leave to

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serve subpoenas on the Clark County District Attorney’s Office, the Las Vegas Metro

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Police Department and Forensic Lab, and the Federal Bureau of Prisons.

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The information Petitioner seeks from the Clark County District Attorney’s

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Office and the Las Vegas Metropolitan Police Department had previously been turned

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over to Petitioner as part of discovery in the state case and is unavailable to counsel

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through any other means. Additionally, good cause exists to obtain records from the

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Bureau of Prisons based on the conditions of Petitioner’s confinement.

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The subpoena directed to the Clark County District Attorney’s Office may seek

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the complete file available regarding Petitioner, Case Nos. 08C244409 and 08C24494,

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with the exception of documentation identified as attorney work product. Petitioner

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may also obtain any information related to the destruction of these files, if either one

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or both of them have in fact been destroyed.

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The subpoena directed to the Las Vegas, Metro Police Department and

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Forensic Lab, shall be limited to records related to Petitioner’s case numbers

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identified above, which include I.D. Number 1946691, and Event Numbers 080503-

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3898 and 071218-0159, previously assigned to the investigation into Petitioner by the

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Police Department. It may request lab results, witness statements, photographs of

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crime scenes, police reports, medical records and injury reports from any victims, and

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the test results of the gun shot residue test.

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Petitioner must serve the above subpoenas within a week of entry of this
Order.

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IT IS FURTHER ORDERED that the proposed subpoenas submitted by

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Petitioner to the Court, for the Bureau of Prisons, are hereby approved by the Court.

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Petitioner shall have until and including May 15, 2017 to file a first amended petition

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for writ of habeas corpus.

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IT IS FURTHER ORDERED that Respondents participation in the hearing on

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the motion for discovery is not to be construed as a waiver or concession of any kind,

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and the foregoing deadline, and any extension thereof, neither signifies nor will

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signify any implied finding of a basis for tolling. Petitioner at all times remains

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responsible for calculating the running of the federal limitations period and timely

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asserting any and all claims, without regard to any deadlines established by this

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Court.

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IT IS FURTHER ORDERED that any additional state court record exhibits

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filed herein by either Petitioner or Respondents shall be filed with a separate index

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of exhibits identifying the exhibits by consecutive number in such a fashion that will

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avoid duplicating exhibit numbers of the state court record exhibits already filed in

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this matter. See ECF No. 20-1 through 25-6. The CM/ECF attachments that are filed

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shall further be identified by the number or numbers of the exhibits in the

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attachment. And this Court waives the “descriptor” requirement for exhibit cover

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sheets under LR IA 10-3(e).

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IT IS FURTHER ORDERED that the parties shall mail courtesy copies of all

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exhibits to the Reno Division of this Court, and directed to the attention of “Staff

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Attorney” on the outside of the mailing address label, as previously ordered on July

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24, 2014. See ECF No. 10 at 4. Additionally, although the Local Rules require parties

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to provide the Court with hard copies of filings that exceed fifty pages, in this case

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the parties may submit the required courtesy copies in paper form or as PDF

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documents saved to a CD with each PDF document clearly identified by exhibit

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number.

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DATED: January 19, 2017.

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___________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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