Perkins v. LeGrand et al

Filing 32

ORDER Granting Plaintiff's 29 Motion to Reopen Case.The Clerk of Court is directed to reopen this action and LIFT the stay.The 30 supplemental exhibits will be considered as additional exhibits to Perkins's 14 First Amended Petit ion. Respondents must answer or otherwise respond to the 14 first amended petition. Perkins's reply is due 45 days from receipt of respondents answer. Signed by Judge Jennifer A. Dorsey on 1/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Billy Wayne Perkins,

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2:14-cv-00434-JAD-PAL

Petitioner

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v.

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Robert LeGrand, et al.,

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Order Granting Motion to Reopen and
Lifting Stay
[ECF No. 29]

Respondents

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On August 8, 2016, I stayed this action pending exhaustion of Perkins’s due-process claim in

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Nevada state court, and I instructed Perkins to move to reopen this case at the conclusion of his state-

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court proceedings.1 Perkins now moves to reopen this case.2 Respondents have filed a non-

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opposition, reserving any potential defenses.3

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Accordingly, IT IS HEREBY ORDERED that Perkins’s motion to reopen [ECF No. 29] is
GRANTED. The Clerk of Court is directed to reopen this action and LIFT the stay.

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IT IS FURTHER ORDERED that the supplemental exhibits [ECF No. 30] will be considered
as additional exhibits to Perkins’s first amended petition [ECF No. 14].

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IT IS FURTHER ORDERED that respondents must answer or otherwise respond to the first

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amended petition [ECF No. 14] by February 19, 2017. If respondents file and serve an answer, it

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must comply with Rule 5 of the Rules Governing Section 2254 cases in the United States District

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Courts. Perkins’s reply is due 45 days from receipt of respondents’ answer.

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Dated this 4th day of January, 2017.

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_________________________________
________________ _____
_ ___________ _
Jennifer A. Dorsey
nnifer A Dorsey
if
r
United States District Judge
nited States
d at
ct ud
ct Judge

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ECF No. 28.

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ECF No. 29.

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ECF No. 31.