Willing v. Williams et al.

Filing 108

ORDER Granting 101 and 104 Motions to Strike. The following documents are STRICKEN from the record: 99 , 100 , 103 105 106 and 107 .The Court Further Orders: The 102 Motion to Extend Time to Respond to 48 Amended Petition fo r Writ of Habeas Corpus is GRANTED. Respondents' Answer is due on 9/23/2020. Signed by Judge Richard F. Boulware, II on 8/6/2020. (Copies have been distributed pursuant to the NEF; copy mailed to Mr. Willing - DRS) Modified on 8/7/2020 to change Judge's signature date (SLD).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NICHOLAS JAMES WILLING,

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Case No.: 2:14-cv-01194-RFB-CWH

Petitioner
ORDER

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11 BRIAN E. WILLIAMS, SR., et al.,
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Respondents

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This action is a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Though

15 Petitioner Nicholas James Willing is represented by counsel, he has filed several documents pro
16 se, including one styled a “Notice” and another styled an “‘Implied’ Notice” that state that he has
17 filed a federal whistleblower action. (ECF Nos. 99, 100.) Respondents have filed motions to strike
18 both documents. (ECF Nos. 101,104.)
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A party who is represented by counsel cannot file pleadings or any other documents pro se

20 without leave of the court. D. Nev. Civ. R. IA 11-6(a). Respondents also note that the “notices”
21 appear to be completely irrelevant to Willing’s habeas petition. Accordingly, Respondents’
22 motions are granted, and the pro se documents shall be stricken as fugitive documents.
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IT IS THEREFORE ORDERED that Respondents’ Motion to Strike Notice (ECF No.

2 101) and Motion to Strike Implied Notice (ECF No. 104) are GRANTED.
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IT IS FURTHER ORDERED that the following fugitive documents filed by Petitioner:

4 Inquiry Notice (ECF No. 99); “Implied” Notice (ECF No. 100); response to Motion to Strike (ECF
5 No. 103); opposition to Motion to Extend Time (ECF No. 105); opposition to Motion to Strike
6 (ECF No. 106); and second response to Motion to Strike (ECF No. 107) are STRICKEN.
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IT IS FURTHER ORDERED that Respondents’ Motion for Enlargement of Time to file

8 their answer to the petition (ECF No. 102) is GRANTED. Respondents shall file their answer on
9 or before September 23, 2020.
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Dated: August 6, 2020

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_________________________________
Richard F. Boulware, II
U.S. District Judge

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