West v. Williams et al

Filing 35

ORDER that Respondents shall file a Response to the 33 Amended Petition including potentially a Motion to Dismiss within 60 days of the date of this Order. The hard copy of any additional state court record exhibits shall be forwarded to the staff attorneys in Reno. Petitioner's 31 Motion for an Extension of Time and 32 Motion to Retain Existing Exhibits are Granted Nunc Pro Tunc as of 10/14/2016. Signed by Judge Lloyd D. George on 11/30/2016. (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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HYRUM JOSEPH WEST,

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Petitioner,
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vs.
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BRIAN WILLIAMS, et al.,
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Respondents.
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____________________________________/

2:15-cv-01504-LDG-NJK
ORDER

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This is a habeas corpus proceeding under 28 U.S.C. § 2254 brought by Hyrum Joseph West, a

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Nevada prisoner. On September 28, 2016, this court entered an order granting respondents’ motion

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to dismiss, but also granting petitioner leave to amend his petition. ECF No. 30. On November 1,

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2016, petitioner filed an amended petition. ECF No. 33.

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The court has screened the amended petition and concludes that the respondents shall be

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directed to respond to it. See Rule 4, Rules Governing § 2254 Cases in the U.S. District Courts.

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IT IS THEREFORE ORDERED that respondents shall file a response to the amended

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petition (ECF No. 33), including potentially a motion to dismiss, within sixty (60) days of the date

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of this order, with any requests for relief by petitioner by motion otherwise being subject to the

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normal briefing schedule under the local rules.

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IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from service of the

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answer, motion to dismiss, or other response to file a reply or opposition, with any other requests for

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relief by respondents by motion otherwise being subject to the normal briefing schedule under the

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local rules.

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IT IS FURTHER ORDERED that any additional state court record exhibits filed herein by

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either petitioner or respondents shall be filed with a separate index of exhibits identifying the

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exhibits by number. The CM/ECF attachments that are filed shall be identified by the number or

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numbers of the exhibits in the attachment. The hard copy of any additional state court record

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exhibits shall be forwarded – for this case – to the staff attorneys in Reno.

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IT IS FURTHER ORDERED petitioner’s motion for an extension of time (ECF No. 31)
and motion to retain existing exhibits (ECF No. 32) are GRANTED nunc pro tunc as of October 14,
2016.
Dated this ______ day of November, 2016.

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UNITED STATES DISTRICT JUDGE
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