Thomas v. Filson et al

Filing 22

ORDER. IT IS ORDERED that 10 petitioner's Motion to Partially Waive Local Rule IA 10-3(e) is DENIED as unnecessary and moot. Signed by Judge Richard F. Boulware, II on 8/8/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARLO THOMAS,

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Petitioner,

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Case No. 2:17-cv-00475-RFB-VCF
ORDER

v.
TIMOTHY FILSON, et al.,

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Respondents.

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In this capital habeas corpus action, the petitioner, Marlo Thomas, filed an amended habeas
petition (ECF No. 11), along with several exhibits (ECF Nos. 12-21), on August 1, 2017.

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Thomas also filed a Motion to Partially Waive Local Rule IA 10-3(e) (ECF No. 10). In

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that motion, Thomas requests a waiver of the Court’s local rule that generally requires, with respect

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to filed exhibits, that the exhibits’ cover sheets contain descriptions of the exhibits. See LR 10-

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3(e).The Court’s local rules were recently amended, with the amendments effective August 1,

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2017. Among the amendments is a new rule, LSR 3-3(b), which states, with regard to exhibits

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filed in habeas corpus cases: “The cover sheet for each exhibit need only reference the number or

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letter of the exhibit; the cover sheet need not include a descriptor of the exhibit.” Therefore, LR

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IA 10-3(e) no longer applies in habeas corpus cases. Thomas’ motion is unnecessary and moot,

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and it will be denied on those grounds.

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IT IS THEREFORE ORDERED that petitioner=s Motion to Partially Waive Local Rule
IA 10-3(e) (ECF No. 10) is DENIED as unnecessary and moot.

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DATED this 8th day of August, 2017.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE