Garner v. Cox et al

Filing 23

ORDER that respondents shall have forty-five (45) days from the date of entry of this order to answer or otherwise respond to the first amended petition (ECF No. 15 ). FURTHER ORDERED that 14 Motion to Extend Time is GRANTED. FURTHER ORDERED tha t 20 Motion for Leave to File Exhibit under Seal is GRANTED. FURTHER ORDERED that 22 Motion to Partially Waive Local Rule IA 10-3(e) is GRANTED. Signed by Judge James C. Mahan on 12/29/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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EDWARD EUGENE GARNER,

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Petitioner,

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vs.

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JAMES COX, et al.,

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Case No. 2:15-cv-02430-JCM-CWH

Respondents.

ORDER

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Petitioner has filed a first amended petition for writ of habeas corpus (ECF No. 15). The

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court has reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United

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States District Courts. The court will direct respondents to file a response.

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Petitioner has filed an unopposed motion for extension of time (second request) (ECF No.

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14), a motion for leave to file exhibit under seal (ECF No. 20), and a motion to partially waive

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Local Rule IA 10-3(e) (ECF No. 22). The court grants these motions.

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IT IS THEREFORE ORDERED that respondents shall have forty-five (45) days from the

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date of entry of this order to answer or otherwise respond to the first amended petition (ECF No.

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15). Respondents shall raise all potential affirmative defenses in the initial responsive pleading,

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including lack of exhaustion and procedural default. Successive motions to dismiss will not be

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entertained. If respondents file and serve an answer, then they shall comply with Rule 5 of the

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Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall

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have forty-five (45) days from the date on which the answer is served to file a reply. If respondents

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file a motion, then the briefing schedule of Local Rule LR 7-2 shall apply.

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IT IS FURTHER ORDERED that petitioner’s unopposed motion for extension of time
(second request) (ECF No. 14) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion for leave to file exhibit under seal
(ECF No. 20) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion to partially waive Local Rule IA 103(e) (ECF No. 22) is GRANTED.
DATED: December 29, 2016.

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_________________________________
JAMES C. MAHAN
United States District Judge

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