Walker v. Renee Baker, et al
Filing
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ORDER. IT IS ORDERED that 94 the motion to vacate the stay and reopen these proceedings is GRANTED. The stay of this action is lifted. See Order for details/deadlines. Signed by Judge Richard F. Boulware, II on 5/6/2021. (Copies have been distributed pursuant to the NEF - MR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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JAMES RAY WALKER,
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v.
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Petitioner,
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ORDER
WILLIAM GITTERE, 1 et al.,
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Case No. 2:15-cv-01240-RFB-EJY
Respondents.
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This capital habeas corpus action has been stayed since March 31, 2016, while
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the Petitioner, James Ray Walker, exhausted claims in state court. ECF No. 69. On April 21, 2021,
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Walker, represented by appointed counsel, filed a motion to vacate the stay and reopen these
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proceedings. ECF No. 94. In that motion, Walker states that his state-court proceedings have
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concluded. On May 5, 2021, the Respondents filed a notice stating that they do not oppose
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Walker’s motion. ECF No. 97.
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The court will grant Walker’s motion to vacate the stay and will set a schedule for further
proceedings in this action.
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IT IS THEREFORE ORDERED that the motion to vacate the stay and reopen these
proceedings (ECF No. 94) is GRANTED. The stay of this action is lifted.
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IT IS FURTHER ORDERED that the following schedule shall govern the further
proceedings in this action:
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As the current warden of Ely State Prison, William Gittere is substituted for Timothy Filson as a Respondent. See
Fed. R. Civ. P. 25(d).
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1. Amended Petition. Petitioner will have 60 days from the date of this order to file a
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second amended petition for writ of habeas corpus. The second amended petition must specifically
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state whether each ground for relief has been exhausted in state court; for each claim that has been
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exhausted in state court, the second amended petition must state how, when, and where that
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occurred.
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2. Response to Petition. Respondents will have 60 days following the filing of the second
amended petition to file an answer or other response to the second amended petition.
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3. Reply and Response to Reply. Petitioner will have 45 days following the filing of an
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answer to file a reply. Respondents will thereafter have 30 days following the filing of a reply to
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file a response to the reply.
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4. Briefing of Motion to Dismiss. If Respondents file a motion to dismiss, Petitioner will
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have 60 days following service of the motion to file a response to the motion. Respondents will
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thereafter have 30 days following the filing of the response to file a reply.
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5. Discovery. If Petitioner wishes to move for leave to conduct discovery, Petitioner must
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file such motion concurrently with, but separate from, the response to Respondents’ motion to
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dismiss or the reply to Respondents’ answer. Any motion for leave to conduct discovery filed by
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Petitioner before that time may be considered premature, and may be denied, without prejudice,
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on that basis. Respondents must file a response to any such motion concurrently with, but separate
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from, their reply in support of their motion to dismiss or their response to Petitioner’s reply.
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Thereafter, Petitioner will have 20 days to file a reply in support of the motion for leave to conduct
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discovery.
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6. Evidentiary Hearing. If Petitioner wishes to request an evidentiary hearing, Petitioner
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must file a motion for an evidentiary hearing concurrently with, but separate from, the response to
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Respondents’ motion to dismiss or the reply to Respondents’ answer. Any motion for an
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evidentiary hearing filed by Petitioner before that time may be considered premature, and may be
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denied, without prejudice, on that basis. The motion for an evidentiary hearing must specifically
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address why an evidentiary hearing is required and must meet the requirements of 28 U.S.C. §
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2254(e). The motion must state whether an evidentiary hearing was held in state court, and, if so,
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state where the transcript is located in the record. If Petitioner files a motion for an evidentiary
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hearing, Respondents must file a response to that motion concurrently with, but separate from,
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their reply in support of their motion to dismiss or their response to Petitioner’s reply. Thereafter,
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Petitioner will have 20 days to file and serve a reply in support of the motion for an evidentiary
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hearing.
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DATED: May 6, 2021
_________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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