Cepero v. Williams et al

Filing 30

ORDER granting ECF No. 29 Motion to Strike; striking as a fugitive document ECF No. 28 Motion for Court to direct NDOC to provide recordings; granting nunc pro tunc motion for extension of time ECF No. 24 . Signed by Judge Miranda M. Du on 11/14/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 BILLY CEPERO, 9 Case No. 2:14-cv-01396-MMD-GWF Petitioner, ORDER v. 10 BRIAN WILLIAM, et al., 11 Respondents. 12 13 This is a 28 U.S.C. § 2254 counseled habeas corpus petition. Despite being 14 represented by counsel, petitioner Billy Cepero filed a pro se motion for the Court to direct 15 NDOC to provide recordings of attorney-client phone calls (ECF No. 28). Respondents 16 have filed a motion to strike petitioner’s filing (ECF No. 29). Once an attorney has made 17 an appearance on behalf of a party, the party may not personally file any document with 18 the court. LR IA 11-6. Cepero’s filing is a fugitive document not properly before the Court. 19 Accordingly, respondents’ motion will be granted. 20 It is therefore ordered that respondents’ motion to strike (ECF No. 29) is granted. 21 Petitioner’s pro se motion for court to direct NDOC to provide recordings of attorney-client 22 phone calls (ECF No. 28) will be stricken as a fugitive document. 23 24 25 It is further ordered that petitioner’s counseled motion for extension of time to file an opposition to the motion to dismiss (ECF No. 24) is granted nunc pro tunc. DATED THIS 14th day of November 2017. 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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