Bodden v. Gentry et al

Filing 65

ORDER. IT IS ORDERED that 37 petitioner's motion to partially waive Local Rule IA 10-3(e) is GRANTED. IT IS FURTHER ORDERED that 62 respondents' motion to waive Local Rule IA 10-3 is also GRANTED. IT IS FURTHER ORDERED that 17 petitioner's fourth motion for extension of time to file an amended petition is GRANTED nunc pro tunc. IT IS FURTHER ORDERED that 34 petitioner's motion for leave to file exhibits under seal is GRANTED. IT IS FURTHER ORD ERED that 58 respondents' motion for leave to file exhibits under seal is also GRANTED. IT IS FURTHER ORDERED that 63 , 64 petitioner's motions for extension of time to file her opposition to the motion to dismiss are GRANTED. Signed by Judge Richard F. Boulware, II on 2/26/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KAREN BODDEN,

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Case No. 2:14-cv-01968-RFB-NJK
Petitioner,

ORDER

v.
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JO GENTRY, et al.,
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Respondents.
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This counseled § 2254 habeas petition is before the court on several motions by

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both parties. Petitioner moves to waive the portion of Local Rule IA 10-3(e) that requires

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the cover page of each filed exhibit to include a description of the exhibit (ECF No. 37).

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See LR IA 10-3(e). Local Rule IA 1-4 provides that the court may waive any provision of

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the local rules, sua sponte or on a motion, if the interests of justice so require. Petitioner

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states that adding descriptors to the cover pages of exhibits, which in this case now total

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over 250, is unduly burdensome (ECF No. 37). Petitioner states that she will still provide

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indexes of exhibits and exhibit cover sheets referencing each exhibit by number. Id.

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In light of the number of exhibits in this habeas corpus action, the court finds that
there is good cause for the requested waiver, and will grant the waiver for all parties.

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IT IS THEREFORE ORDERED that petitioner’s motion to partially waive Local
Rule IA 10-3(e) (ECF No. 37) is GRANTED.
IT IS FURTHER ORDERED that respondents’ motion to waive Local Rule IA 10-3
(ECF No. 62) is also GRANTED.
IT IS FURTHER ORDERED that petitioner’s fourth motion for extension of time to
file an amended petition (ECF No. 17) is GRANTED nunc pro tunc.
IT IS FURTHER ORDERED that petitioner’s motion for leave to file exhibits under
seal (ECF No. 34) is GRANTED.
IT IS FURTHER ORDERED that respondents’ motion for leave to file exhibits
under seal (ECF No. 58) is also GRANTED.
IT IS FURTHER ORDERED that petitioner’s motions for extension of time to file
her opposition to the motion to dismiss (ECF No. 63, 64) are GRANTED.

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DATED: 26 February 2017.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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