Farnum v. LeGrand

Filing 85

ORDER Granting 83 Motion to permit supplemental briefing. Petitioner has until February 17, 2023, to file an opening brief addressing the issues identified by the Ninth Circuit's remand. The respondents have 60 days from the date petitioner's brief is filed to file their answering brief. Petitioner's reply brief is due 30 days after the answering brief is filed. Signed by Judge Andrew P. Gordon on 12/16/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:13-cv-01304-APG-BNW Document 85 Filed 12/16/22 Page 1 of 1

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

John Michael Farnum,

5

v.

6
7

Case No. 2:13-cv-01304-APG-BNW
Petitioner,

ORDER

Robert LeGrand, et al.,

8

Respondents.

9
10

Petitioner moves for an order that would permit supplemental briefing and set a briefing

11

schedule. ECF No. 83. On October 26, 2022, the United States Court of Appeals for the Ninth

12

Circuit issued a Memorandum remanding this habeas case to this court to evaluate petitioner’s

13

claim that his counsel was ineffective for failing to request a Miller 1 hearing to challenge alleged

14

prior false allegations by the primary victim, A.R. ECF No. 82. Respondents do not oppose

15

petitioner’s motion, and I agree that further briefing is warranted. So, I grant the motion. I will

16

also grant petitioner’s request to file his opening brief sometime after February 1, 2023, to allow

17

time for his counsel on appeal to seek appointment in this court.

18

I THEREFORE ORDER that petitioner’s motion to permit supplemental briefing and

19

to set a briefing schedule (ECF No. 83) is GRANTED. Petitioner has until February 17, 2023,

20

to file an opening brief addressing the issues identified by the Ninth Circuit’s remand. The

21

respondents have 60 days from the date petitioner’s brief is filed to file their answering brief.

22

Petitioner’s reply brief is due 30 days after the answering brief is filed.

23

DATED THIS 16th day of December, 2022.

24
25

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

26
27
28

1

Miller v. State, 779 P.2d 87 (Nev. 1989).