Hendren v. Williams et al

Filing 22

ORDER that 18 Motion for Waiver of compliance with LR IA 10-3 is GRANTED in part and DENIED in part, as described in this order. FURTHER ORDERED that the order entered November 9, 2016 (ECF No. 19 ) is VACATED. The Clerk of the Court shall strike that order from the record. Signed by Judge Andrew P. Gordon on 12/22/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KENNETH A. HENDREN,

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Petitioner,

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vs.

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BRIAN E. WILLIAMS, et al.,

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2:16-cv-00361-APG-PAL
ORDER

Respondents.
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The order entered on November 9, 2016 (ECF No. 19), regarding respondents’ filing of

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exhibits and provision of a courtesy copy of their exhibits to the Court, will be vacated, and this

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order entered in its place.

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In this habeas corpus action, on November 3, 2016, the respondents filed an answer (ECF

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No. 14), along with several exhibits (ECF Nos. 15, 16, 17). The respondents also filed a motion for

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waiver of certain local rules (ECF No. 18).

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In their motion, respondents first request a waiver, for purposes of this case, of Local Rule

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IA 10-3(e), which requires, with respect to the filing of exhibits, that the cover sheet for each exhibit

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must include a descriptor of the exhibit. The court finds that, in this habeas corpus action, in light of

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the number of exhibits respondents have filed, there is good cause to waive the requirement that the

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cover sheet for each exhibit include a descriptor of the exhibit. That portion of respondents’ motion

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will be granted. For purposes of this habeas corpus action, the court waives the requirement in

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Local Rule IA 10-3(e) that the cover sheet for each filed exhibit must include a descriptor of the

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exhibit.

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Additionally, respondents request a waiver of Local Rule IA 10-3(I), which concerns

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exhibits to documents filed or submitted to the court in paper form. Respondents’ answer, and the

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exhibits in support of it, have been filed in electronic form; therefore, it appears that this local rule

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does not apply. This part of respondents’ motion is unnecessary and will be denied.

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However, pursuant to LR IC 2-2(g), because respondents’ exhibits exceed 50 pages,
respondents are to submit paper copies of those exhibits to the court; respondents should submit

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those copies of their exhibits to the attention of the court’s staff attorneys, at the office of the Clerk

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of the Court, at the court’s Reno location.

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IT IS THEREFORE ORDERED that respondents’ Motion for Waiver of Compliance with

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LR IA 10-3 (ECF No. 18) is GRANTED IN PART AND DENIED IN PART, as described above.

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IT IS FURTHER ORDERED that the order entered November 9, 2016 (ECF No. 19) is
VACATED. The Clerk of the Court shall strike that order from the record.
Dated this 22nd day of December, 2016.

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UNITED STATES DISTRICT JUDGE

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