Hammons v. Williams et al

Filing 79

ORDER denying 66 Motion for Order to Show Cause.; granting 68 Motion for Leave to File Excess Pages.; granting 70 Motion for Waiver of Electronic Filing.; granting 71 Motion to Seal.; granting 76 Motion to Extend Time re 31 Amended Petition, Replies due by 3/10/2017. Signed by Judge Jennifer A. Dorsey on 2/10/2017. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

Benny Hammons,

5

Petitioner

6

v.

7

Brian Williams, et al.,

2:14-cv-01902-JAD-GWF

8

Order
[ECF Nos. 66, 68, 70, 71, 76]

Respondents

9
10

Section 2254 petitioner Benny Hammons moves for an extension of time to file his reply to

11

respondents’ answer and respondents have filed two motions for partial waiver of this court’s local

12

rules and to seal an exhibit to their answer. I grant Hammons’s request for an extension and

13

respondents’ motions.

14

Respondents seek leave to file an answer in excess of the page limit and a waiver of Local

15

Rules IA 10-3(e), which requires the cover page of each filed exhibit to include a description of the

16

exhibit,1 representing that adding descriptors to the cover pages of 130 exhibits in this action is

17

unduly burdensome. Because of the large number of exhibits in this case, I waive Local Rule IA 10-

18

3(e)’s cover-page requirement for both parties.

19

Respondents also seek a waiver of LR 10-3(i), which requires paper courtesy copies of

20

exhibits exceeding 100 pages. Because respondents have already filed about 120 of the exhibits in

21

this case and there are only approximately ten exhibits that respondents filed in support of their

22

answer, I grant respondents’ request. Because of the size of the record in this case, I also find good

23

cause to grant respondents’ motion to file an answer in excess of 24 pages.2

24
25
26
27
28

1

ECF No. 70.

2

ECF No. 68.

1
2
3
4
5
6

Conclusion
Accordingly, IT IS HEREBY ORDERED that Hammons’s motion for order to show cause
why respondents did not file an answer [ECF No. 66] is DENIED as moot.
IT IS FURTHER ORDERED that respondents’ motions for partial waiver of local rules
[ECF Nos. 68, 70] are GRANTED consistent with this order.
IT IS FURTHER ORDERED that respondents’ motion to seal exhibits [ECF No. 71] is

7

GRANTED, and Hammons’s motion for extension of time to file his reply to the answer [ECF No.

8

75] is GRANTED. Hammons’s reply is due by March 10, 2017.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated this 10th day of February, 2017.
_________________________________
_____________________
_ _______ __ _
Jennifer A. Dorsey
nnife A Dorsey
fe
fe
er
rs
United States District Judge
nited States
d at
ct ud
ct Judge