Robinson v. Williams et al

Filing 39

ORDER. IT IS ORDERED 24 Motion for District Judge to Reconsider Order is GRANTED. IT IS FURTHER ORDERED 22 Order on Motion to Dismiss is VACATED. IT IS FURTHER ORDERED 9 is DENIED without prejudice. IT IS FURTHER ORDERED 26 Motion for Leave to File is GRANTED; within ninety (90) days of the date of entry of this order, petitioner shall file his amended petition. IT IS FURTHER ORDERED 27 Motion to Extend Time is GRANTED. IT IS FURTHER ORDERED 33 Motion to Strike is DENIED. Signed by Judge Richard F. Boulware, II on 7/14/16. (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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CHARLES ERNEST ROBINSON,

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Case No. 2:14-cv-02023-RFB-VCF

Petitioner,

ORDER

v.
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BRIAN E. WILLIAMS, SR., et al.,
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Respondents.
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On March 14, 2016, the court granted in part respondents’ motion to dismiss

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certain grounds of Charles Ernest Robinson’s pro se 28 U.S.C. § 2254 petition for writ

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of habeas corpus (ECF No. 22). The court also appointed the Federal Public Defender

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to represent Robinson. Id. Now before the court are Robinson’s counseled motions for

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reconsideration and for leave to file a first-amended petition (ECF Nos. 24 and 26).

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Respondents opposed (ECF Nos. 29 and 30), and petitioner replied (ECF Nos. 31 and

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32).

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Counsel for Robinson seeks an opportunity to review Robinson’s file, review the

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state-court record and meet with Robinson in order to ascertain whether Robinson has

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adequately presented his constitutional claims to federal court. Good cause appearing,

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the motion for reconsideration of the court’s disposition of the motion to dismiss (ECF

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No. 24) is granted. The motion to dismiss shall be denied without prejudice at this time.

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Petitioner’s motion for leave to file an amended petition (ECF No. 26) is also granted.

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IT IS THEREFORE ORDERED that petitioner’s motion for reconsideration (ECF
No. 24) is GRANTED.
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IT IS FURTHER ORDERED that the court’s order dated March 14, 2016 at ECF
No. 22 granting the motion to dismiss in part is VACATED.
IT IS FURTHER ORDERED that respondents’ motion to dismiss (ECF No. 9) is
DENIED without prejudice.
IT IS FURTHER ORDERED that petitioner’s motion for leave to file an amended
petition (ECF No. 26) is GRANTED. Within ninety (90) days of the date of entry of this
order, petitioner shall file his amended petition.
IT IS FURTHER ORDERED that respondents shall file a response to the
amended petition, including potentially a motion to dismiss, within ninety (90) days of
the service of the amended petition, with any requests for relief by petitioner by motion
otherwise being subject to the normal briefing schedule under the local rules. Any
response shall comply with this court’s order dated March 2, 2015 at ECF No. 6
and with Habeas Rule 5.
IT IS FURTHER ORDERED that petitioner shall have thirty (30) days following
service of respondents’ answer, motion to dismiss, or other response to file a reply or
opposition, with any other requests for relief by respondents by motion otherwise being
subject to the normal briefing schedule under the local rules.
IT IS FURTHER ORDERED that petitioner’s motion for extension of time to file
an amended petition (ECF No. 27) is GRANTED as set forth in this order.
IT IS FURTHER ORDERED that respondents’ motion to strike reply (ECF No.
33) is DENIED.

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DATED: 14 July 2016.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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