Wilcock v. Gentry et al

Filing 20

ORDER that 14 Motion for Leave to File a Second-Amended Petition is GRANTED. Wilcock has until August 23, 2018, to FILE and SERVE his second-amended petition. FURTHER ORDERED that the deadlines set forth in the scheduling order (ECF No. 11 ) remain in effect, running from the date of service of the second-amended petition.FURTHER ORDERED that 19 Motion for Extension of Time is DENIED as moot. Signed by Judge Jennifer A. Dorsey on 4/23/2018. (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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Patrick Edward Wilcock,

Case No.: 2:17-cv-02101-JAD-CWH

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Petitioner

Order Granting Leave to File Second
Amended Petition

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v.

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Jo Gentry, et al.,

[ECF No. 14]

Respondents

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On December 11, 2017, I appointed the Federal Public Defender (FPD) as counsel to

10 represent petitioner Patrick Edward Wilcock. 1 Megan Hoffman of the FPD’s office entered a
11 notice of appearance on behalf of Wilcock on January 5, 2018, and filed a first-amended petition
12 for a writ of habeas corpus two weeks later. 2 Contemporaneously with that filing, Wilcock
13 moved for leave to file a second-amended petition, arguing that the first-amended petition was
14 filed without an adequate opportunity to evaluate all potential claims. Hoffman also admitted
15 that she was unable to attach a proposed second-amended petition as Local Rule 15-1(a) requires
16 because she had not yet been able to consider all claims. She represents that it will best serve the
17 interests of judicial economy and justice if she has the opportunity to consider all claims and to
18 streamline, omit, or add claims as appropriate. Good cause appearing, the motion is granted.
19 Wilcock at all times remains responsible for properly exhausting his claims and for calculating
20 the running of the federal limitation period as applied to his case.
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Accordingly, IT IS HEREBY ORDERED that Wilcock’s motion for leave to file a

22 second-amended petition [ECF No. 14] is GRANTED. Wilcock has until August 23, 2018, to
23 FILE and SERVE his second-amended petition.
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IT IS FURTHER ORDERED that the deadlines set forth in the scheduling order (ECF

25 No. 11) remain in effect, running from the date of service of the second-amended petition.
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ECF No. 7.

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ECF Nos. 10, 12.
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IT IS FURTHER ORDERED that respondents’ motion for an extension of time [ECF

2 No. 19] is DENIED as moot.
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Dated: April 23, 2018
_______________________________
U.S. District Judge Jennifer A. Dorsey

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