Willing v. Williams et al.

Filing 123

ORDER Granting 112 , 113 , 118 , 119 , 120 Motions to Strike and striking the following documents filed pro se, by Mr Willing: 110 , 111 , 115 116 and 117]. It is Further Ordered that Respondents 114 Motion to Extend Time to R espond to Petition is Granted nunc pro tunc. Signed by Judge Richard F. Boulware, II on 10/20/2020. (Copies have been distributed pursuant to the NEF - DRS) corrected links to proper documents and regenerated NEFS on 10/21/2020 (Order mailed to Mr. Willing this date - DRS).

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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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8 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. On

12 August 7, 2020, this court granted Respondents’ motion to strike several documents that Petitioner
13 Nicholas James Willing filed pro se because he is represented by counsel (ECF No. 108). Willing
14 has now filed 5 more documents pro se: a motion for recusal of the District Court judge (ECF No.
15 110); motion for reconsideration of this court’s order striking his previously improperly filed
16 documents (ECF No. 111); notice (ECF No. 115); response to motion for extension of time (ECF
17 No. 116); and motion for evidentiary hearing (ECF No. 117). Respondents have filed motions to
18 strike the documents (ECF Nos. 112, 113, 118, 119, 120).
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As the court has previously explained in this case, a party who is represented by counsel

20 cannot file pleadings or any other documents pro se without leave of the court. LR IA 11-6(a) of
21 the Local Rules of Practice. Accordingly, Respondents’ motions are granted, and the pro se
22 documents shall be stricken as fugitive documents.
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IT IS THEREFORE ORDERED that respondents’ motions to strike fugitive documents

2 (ECF No. 112, 113, 118, 119, 120) are all GRANTED.
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IT IS FURTHER ORDERED that the following fugitive documents filed by petitioner:

4 motion for recusal of the District Court judge (ECF No. 110); motion for reconsideration of this
5 court’s order striking previously improperly filed documents (ECF No. 111); notice (ECF No.
6 115); response to motion for extension of time (ECF No. 116); and motion for evidentiary hearing
7 (ECF No. 117) are all STRICKEN.
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IT IS FURTHER ORDERED that Respondents’ motion to extend time to file their

9 answer to the petition (ECF No. 114) is GRANTED nunc pro tunc.
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Dated: October 20, 2020

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RICHARD F. BOULWARE, II
U.S. District Judge

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