Willing v. Williams et al.

Filing 132

ORDER granting 127 128 129 130 Motions to Strike. Documents 122 , 124 , 125 , and 126 shall all be STRIKEN. The Court further Grants the 121 Motion to Extend Time to file a Reply in support of 131 Petition. Replies due by 1/15/2021. Signed by Judge Richard F. Boulware, II on 1/14/2021. (Copies have been distributed pursuant to the NEF; copy mailed to Mr Willing - DRS) Modified on 1/15/2021 (DRS).

Case 2:14-cv-01194-RFB-BNW Document 132 Filed 01/14/21 Page 1 of 2

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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. This

12 court has granted numerous motions by respondents to strike documents that petitioner Nicholas
13 James Willing persists in filing pro se despite being represented by counsel (see, e.g., ECF Nos.
14 108, 123). Willing has now filed four more documents pro se: a notice re motion to strike; a motion
15 for evidentiary hearing, a “response,” and a notice of request to file exhibits (ECF Nos. 122, 124,
16 125, and 126). Respondents have filed motions to strike the documents (ECF Nos. 127, 128, 129,
17 130).
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As the court has previously explained more than once in this case, a party who is

19 represented by counsel cannot file pleadings or any other documents pro se without leave of the
20 court. LR IA 11-6(a) of the Local Rules of Practice. Accordingly, respondents’ motions are
21 granted, and the pro se documents shall be stricken as fugitive documents.
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Willing’s counsel also filed a motion for extension of time to file a reply in support of the

23 petition (ECF No. 131), which is granted. The court notes that Willing’s counsel explained to the

Case 2:14-cv-01194-RFB-BNW Document 132 Filed 01/14/21 Page 2 of 2

1 court that part of the reason she seeks the extension is that Willing’s continuous filing of pro se
2 motion and documents created confusion and delay.
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IT IS THEREFORE ORDERED that respondents’ motions to strike fugitive documents

4 (ECF Nos. 127, 128, 129, 130) are all GRANTED.
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IT IS FURTHER ORDERED that the following fugitive documents filed by petitioner:

6 a notice re motion to strike (ECF No. 122); a motion for evidentiary hearing (ECF No. 124), a
7 “response” (ECF No. 125) and a notice of request to file exhibits (ECF No. 126) are all
8 STRICKEN.
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IT IS FURTHER ORDERED that petitioner’s counseled, unopposed motion to extend

10 time to file a reply in support of the petition (ECF No. 131) is GRANTED. Petitioner is to file the
11 reply on or before January 15, 2021.
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Dated: January 14, 2021

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

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