Banark v. Adams et al

Filing 11

ORDER. IT IS HEREBY ORDERED that 9 Banark's motion to file an amended petition is GRANTED. The Clerk of Court is directed to FILE the amended petition, 9 -1. Respondents must respond to the amended petition by 3/12/17. Banark will then ha ve 45 days from service of the response to file a reply or opposition. All other briefing requirements in my 11/1/16, 5 scheduling order remain in effect, except these amended deadlines. IT IS FURTHER ORDERED that 8 Banark's motion to court is DENIED as moot. IT IS FURTHER ORDERED that 10 Banark's motion to centralize exhibits is GRANTED as set forth in this order. Signed by Judge Jennifer A. Dorsey on 12/12/16. (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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Lonnie Lee Banark,
2:16-cv-01948-JAD-PAL

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Petitioner

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v.

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Warden Adams, et al.,

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Order
[ECF Nos. 8, 9, 10]

Respondents

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Petitioner Lonnie Lee Banark has submitted a pro se motion to file an amended petition for

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writ of habeas corpus.1 Having reviewed Banark’s proposed amended petition under Habeas Rule 4,

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I find that the proposed amendments are potentially meritorious and warrant service on respondents.

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Banark has also filed a motion to “take notice of correct respondent.”2 However, Banark has

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already named the correct respondent, the warden of the institution in which he is incarcerated.3

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Accordingly, I deny Banark’s motion as moot.
Banark has also submitted a “motion to help centralize exhibits,”4 which I grant. Under

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Habeas Rule 5, respondents must submit copies of relevant state-court proceedings. However, if the

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parties need to refer to exhibits already filed by Banark with his original petition,5 they may do so

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and cite to the attachments to the original petition. Banark need not re-file these exhibits, which

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appears to be his concern.

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ECF No. 9.

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ECF No. 8.

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Habeas Rule 2.

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ECF No. 10.

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See ECF No. 6 at 13–83.

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Conclusion

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Accordingly, IT IS HEREBY ORDERED that Banark’s motion to file an amended

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petition [ECF No. 9] is GRANTED. The Clerk of Court is directed to FILE the amended

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petition, [ECF No. 9-1].

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Respondents must respond to the amended petition by March 12, 2017. Banark will

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then have 45 days from service of the response to file a reply or opposition. All other briefing

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requirements in my November 1, 2016, scheduling order [ECF No. 5] remain in effect, except

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these amended deadlines.

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IT IS FURTHER ORDERED that Banark’s motion to court [ECF No. 8] is DENIED as
moot.
IT IS FURTHER ORDERED that Banark’s motion to centralize exhibits [ECF No. 10] is
GRANTED as set forth in this order.
Dated this 12th day of December, 2016.
_________________________________
Jennifer A. Dorsey
United States District Judge

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