Anderson v. Nevin

Filing 18

ORDER. IT IS THEREFORE ORDERED that 12 petitioner's Motion for an Extension of Time is GRANTED. Petitioner's amended habeas petition 13 , filed 10/21/16 shall be treated as timely filed. IT IS FURTHER ORDERED that, in all other respe cts, 11 the schedule for further proceedings set forth in the order entered 5/12/16 shall remain in effect. IT IS FURTHER ORDERED that 16 petitioner's motion for waiver of LR IA 10-3(e) is GRANTED. Signed by Judge Richard F. Boulware, II on 1/18/17. (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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DUSTIN ANDERSON,

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Petitioner,

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ORDER

vs.

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2:15-cv-02245-RFB-PAL

DWIGHT NEVIN, et al.,

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Respondents.
_______________________________/

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In this habeas corpus action, brought by Nevada prisoner Dustin Anderson, the Court

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appointed counsel for Anderson on February 5, 2016, counsel appeared for Anderson on March 9,

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2016, and, after a 120-day extension of time (from May 9, 2016), Anderson was due to file his first

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amended habeas petition by September 6, 2016. See Orders entered February 8, 2016 (ECF Nos. 7

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and 8); Notice of Appearance, filed March 9, 2016 (ECF No. 9); Order entered May 12, 2016 (ECF

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No. 11).

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On September 6, 2016, Anderson filed a motion for extension of time (ECF No. 12),

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requesting a further 45-day extension of time, to October 21, 2016, to file his first amended petition.

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Anderson’s counsel represented that the extension of time was necessary so that she could meet with

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Anderson a second time before filing his amended petition. Respondents did not oppose the motion

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for extension of time.

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On October 21, 2016, Anderson filed his amended petition for writ of habeas corpus (ECF
No. 13)
The court finds that Anderson’s motion for a second extension of time was made in good

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faith and not solely for the purpose of delay, and that there is good cause for the requested extension

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of time. The court will grant the extension of time requested by Anderson, and will treat his

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amended petition as timely filed.

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With his amended petition, Anderson filed several exhibits (ECF Nos. 14, 15), and a motion

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for waiver of LR IA 10-3(e), which concerns the form of the cover sheets to be included with

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exhibits (ECF No. 16). The court finds that, in light of the number of exhibits filed, and the limited

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resources of the Federal Public Defender, there is good cause for the waiver requested by Anderson.

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IT IS THEREFORE ORDERED that petitioner’s Motion for an Extension of Time (ECF

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No. 12) is GRANTED. Petitioner’s amended habeas petition, filed October 21, 2016 (ECF No. 13)

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shall be treated as timely filed.

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IT IS FURTHER ORDERED that, in all other respects, the schedule for further
proceedings set forth in the order entered May 12, 2016 (ECF No. 11) shall remain in effect.
IT IS FURTHER ORDERED that petitioner’s motion for waiver of LR IA 10-3(e) (ECF

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No. 16) is GRANTED. LR 1A 10-3(e) is waived for purposes of the exhibits filed by all parties in

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this action.

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DATED this 18th day of January, 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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