Warenback v. Neven et al

Filing 46

ORDER Granting Petitioner's 45 Motion for Leave to File a Supplement to the 43 Opposition re 42 Motion to Dismiss. The Clerk shall detach and file ECF No. 45, pp. 2-7 as petitioner's supplemental opposition to the motion to dismis s. Respondents' 41 Motion to Extend Time to File Motion to Dismiss is Granted nunc pro tunc. Respondents' 44 Motion to Extend Time to File Reply to 42 Motion to Dismiss is Granted. Reply due within 30 days of the date of this order. Signed by Judge Andrew P. Gordon on 5/25/2017. (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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***

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DOUGLAS HARRY WARENBACK,

Case No. 2:15-cv-01789-APG-VCF

Petitioner,

v.

ORDER

D.W. NEVEN, et al.,
Respondents.
This pro se habeas matter under 28 U.S.C. § 2254 comes before the court on

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petitioner’s motion to file a supplement to his opposition to respondents’ motion to

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dismiss (ECF No. 45). The proposed supplement begins at page 2 of ECF No. 45.

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Respondents have not yet filed their reply in support of the motion to dismiss and have

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filed a motion for extension of time to file the reply. Especially in light of the fact that

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respondents will have the opportunity to reply to both Warenback’s opposition and

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supplement, Warenback’s motion is granted. The court shall also grant respondents

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additional time to file their reply.

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IT IS THEREFORE ORDERED that petitioner’s motion to file a supplement to his
opposition to the motion to dismiss (ECF No. 45) is GRANTED.
IT IS FURTHER ORDERED the Clerk SHALL DETACH and FILE ECF No. 45,
pp. 2-7 as petitioner’s supplemental opposition to the motion to dismiss.
IT IS FURTHER ORDERED that respondents’ motion to extend time to file their
motion to dismiss (ECF No. 41) is GRANTED nunc pro tunc.

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IT IS FURTHER ORDERED that respondents’ motion to extend time to file their
reply in support of the motion to dismiss (ECF No. 44) is GRANTED. Respondents
shall file their reply within thirty (30) days of the date of this order.
DATED: 25 May 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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