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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 CARL BRADLEY, Petitioner, 5 6 7 8 v. Case No. 2:13-cv-01196-RFB-CWF ORDER ATTORNEY GENERAL OF THE STATE OF NEVADA., et al. Respondents. 9 10 11 On November 13, 2016, this Court held a status conference to discuss the 12 precise scope of the discovery Petitioner Carl Bradley is seeking. The Court wanted 13 to determine what remaining discovery is in Respondents’ possession, and whether 14 any further discovery needs to be compelled on Petitioner’s behalf. 15 The Court having heard oral argument on November 13, 2016, finds there is 16 good cause to warrant discovery based on Rule 6A of the Rules Governing §2254 17 Petitions. 18 IT IS ORDERED that Petitioner, by counsel is hereby GRANTED leave to 19 serve subpoenas on the Clark County District Attorney’s Office, the Las Vegas Metro 20 Police Department and Forensic Lab, and the Federal Bureau of Prisons. 21 The information Petitioner seeks from the Clark County District Attorney’s 22 Office and the Las Vegas Metropolitan Police Department had previously been turned 23 over to Petitioner as part of discovery in the state case and is unavailable to counsel 24 through any other means. Additionally, good cause exists to obtain records from the 25 Bureau of Prisons based on the conditions of Petitioner’s confinement. 26 1 The subpoena directed to the Clark County District Attorney’s Office may seek 2 the complete file available regarding Petitioner, Case Nos. 08C244409 and 08C24494, 3 with the exception of documentation identified as attorney work product. Petitioner 4 may also obtain any information related to the destruction of these files, if either one 5 or both of them have in fact been destroyed. 6 The subpoena directed to the Las Vegas, Metro Police Department and 7 Forensic Lab, shall be limited to records related to Petitioner’s case numbers 8 identified above, which include I.D. Number 1946691, and Event Numbers 080503- 9 3898 and 071218-0159, previously assigned to the investigation into Petitioner by the 10 Police Department. It may request lab results, witness statements, photographs of 11 crime scenes, police reports, medical records and injury reports from any victims, and 12 the test results of the gun shot residue test. 13 14 Petitioner must serve the above subpoenas within a week of entry of this Order. 15 IT IS FURTHER ORDERED that the proposed subpoenas submitted by 16 Petitioner to the Court, for the Bureau of Prisons, are hereby approved by the Court. 17 Petitioner shall have until and including May 15, 2017 to file a first amended petition 18 for writ of habeas corpus. 19 IT IS FURTHER ORDERED that Respondents participation in the hearing on 20 the motion for discovery is not to be construed as a waiver or concession of any kind, 21 and the foregoing deadline, and any extension thereof, neither signifies nor will 22 signify any implied finding of a basis for tolling. Petitioner at all times remains 23 responsible for calculating the running of the federal limitations period and timely 24 asserting any and all claims, without regard to any deadlines established by this 25 Court. 26 2 1 IT IS FURTHER ORDERED that any additional state court record exhibits 2 filed herein by either Petitioner or Respondents shall be filed with a separate index 3 of exhibits identifying the exhibits by consecutive number in such a fashion that will 4 avoid duplicating exhibit numbers of the state court record exhibits already filed in 5 this matter. See ECF No. 20-1 through 25-6. The CM/ECF attachments that are filed 6 shall further be identified by the number or numbers of the exhibits in the 7 attachment. And this Court waives the “descriptor” requirement for exhibit cover 8 sheets under LR IA 10-3(e). 9 IT IS FURTHER ORDERED that the parties shall mail courtesy copies of all 10 exhibits to the Reno Division of this Court, and directed to the attention of “Staff 11 Attorney” on the outside of the mailing address label, as previously ordered on July 12 24, 2014. See ECF No. 10 at 4. Additionally, although the Local Rules require parties 13 to provide the Court with hard copies of filings that exceed fifty pages, in this case 14 the parties may submit the required courtesy copies in paper form or as PDF 15 documents saved to a CD with each PDF document clearly identified by exhibit 16 number. 17 DATED: January 19, 2017. 18 19 ___________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 3

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