Woods v. Williams et al

Filing 21

ORDER that 19 Petitioner's Motion to Vacate the Habitual Criminal for Respondents Failure to File a [Response] to Petitioner's Petition for Writ of Habeas Corpus is DENIED. FURTHER ORDERED that respondents must re-serve petitioner with the motion to dismiss and supporting exhibits by October 30, 2015. Petitioner will have until December 18, 2015, to file and serve a response to the motion to dismiss. Respondents will have 45 days after that to file any reply. Signed by Judge Jennifer A. Dorsey on 10/20/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2:14-cv-01982-JAD-NJK

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IAN A. WOODS,
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Petitioner
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Order Denying Petitioner’s
Motion to Vacate
[ECF 19]

vs.
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BRIAN WILLIAMS, SR., et al.,
Respondents

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In this habeas-corpus action brought by Nevada Prisoner Ian A. Woods, the respondents filed

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a motion to dismiss on September 29, 2015.1 Woods’s response to that motion was due on October

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16, 2015.2 Woods did not file a response.

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On October 19, 2015, Woods filed a “Motion to Vacate the Habitual Criminal for

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Respondent’s Failure to File a [Response] to Petitioner’s Petition for Writ of Habeas Corpus.”3 that

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same day, Woods also filed a Notice of Change of Address,4 giving notice that he has been

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transferred from the Southern Desert Correctional Center to the Wells Conservation Camp.

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Woods’s motion to vacate requests that the court sanction respondents for not responding to

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his habeas petition as ordered by the court. The motion is premised on Woods’s belief that

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respondents have not responded to his habeas petition. But Woods is wrong; respondents timely

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filed their motion to dismiss on September 29, 2015.5 Woods’s Motion to Vacate is therefore

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denied.

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ECF 15.

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See LR 7-2(b).

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ECF 19.

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ECF 20.

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ECF 15.

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Apparently, Woods did not receive service of respondents’ motion to dismiss—perhaps

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somehow as a result of the transfer reflected in his notice of change of address. The court will,

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therefore, direct the respondents to re-serve Woods with the motion to dismiss and supporting

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exhibits. And the court will set a new briefing schedule for the motion to dismiss.

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IT IS THEREFORE ORDERED that petitioner’s “Motion to Vacate the Habitual Criminal

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for Respondent’s Failure to File a [Response] to Petitioner’s Petition for Writ of Habeas Corpus”

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[ECF 19] is DENIED.

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IT IS FURTHER ORDERED that respondents must re-serve petitioner with the motion to

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dismiss and supporting exhibits by October 30, 2015. Petitioner will have until December 18, 2015,

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to file and serve a response to the motion to dismiss. Respondents will have 45 days after that to file

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any reply.

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Dated this 20th day of October, 2015.
_________________________________
_____________________
_ ___________ __
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Jennifer A. Dorsey
nifer Dorsey
e
e
United States District Judge
ted States
tate
Judge
d

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