Sanders v. Williams et al

Filing 25

ORDER that Petitioner shall within 45 days after the entry of this Order file and serve a First Amended Petition for Writ of Habeas Corpus or a Notice stating that he will not file an Amended Habeas Petition. Signed by Judge James C. Mahan on 3/28/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DEBARON SANDERS,

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Petitioner,

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vs.

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2:14-cv-01966-JCM-NJK

BRIAN WILLIAMS, SR., et al.,

ORDER
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Respondents.
_______________________________/

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In this habeas corpus action, brought by Nevada prisoner Debaron Sanders, the court

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granted Sanders’ motion for appointment of counsel and ordered counsel appointed on his behalf.

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See Order entered January 25, 2016 (ECF No. 21); Order entered February 8, 2016 (ECF No. 23).

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On March 8, 2016, counsel appeared for Sanders. See Notice of Appearance for Petitioner (ECF

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No. 24).

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Before counsel was appointed for petitioner, respondents filed a motion to dismiss Sanders’

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pro se habeas petition. See Motion to Dismiss, filed December 2, 2015 (ECF No. 13). The court

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suspended briefing of that motion pending the appointment of counsel for Sanders. See Order

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entered January 25, 2016 (ECF No. 21). The briefing of the motion to dismiss will remain

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suspended, as counsel becomes familiar with Sanders’ case, and determines whether amendment of

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Sanders’ petition is necessary.

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The court will set a deadline for Sanders to file a first amended petition for writ of habeas
corpus, or a notice indicating that he will not file an amended habeas petition.
The court will set a schedule for further proceedings in this action after Sanders files either
the amended petition or the notice that there will be no amended petition.

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IT IS THEREFORE ORDERED that petitioner shall, within 45 days after the entry of this

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order, file and serve a first amended petition for writ of habeas corpus or a notice stating that he will

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not file an amended habeas petition.

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March 28, 2016.
Dated this _____ day of March, 2016.

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UNITED STATES DISTRICT JUDGE
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