Patterson v. Gentry et al

Filing 14

ORDER that 7 Motion for Leave to File a First Amended Petition is GRANTED. The clerk of the court shall file the first amended petition,which currently is at ECF No. 7-1. FURTHER ORDERED that 8 Motion to File a second amended petition is GRANTED. Petitioner will have ninety (90) days from the date of entry of this order to file and serve a second amended petition. Signed by Judge James C. Mahan on 12/14/2017. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MICHAEL PATTERSON,

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Petitioner,

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vs.

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JO GENTRY, et al.,

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Case No. 2:17-cv-02131-JCM-GWF

Respondents.

ORDER

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Before the court are two motions by petitioner. First, petitioner has filed a motion for leave

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to file a first amended petition (ECF No. 7). Respondents do not oppose this motion (ECF No. 11).

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The motion largely is moot because the court gave petitioner leave to file a first amended petition

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when the court appointed counsel to represent petitioner (ECF No. 5). Nonetheless, the court will

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grant the motion so that the first amended petition will be in the docket as such.

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Second, petitioner has filed a motion requesting scheduling order permitting Patterson to file

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a second amended petition (ECF No. 8). Respondents do oppose this motion (ECF No. 12), and

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petitioner has filed a reply (ECF No. 13). The court notes respondents’ objections, but to the extent

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that a second amended petition might contain grounds subject to procedural defenses, respondents

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may raise them in the appropriate motion. This action is at an early stage, respondents have not yet

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spent much time on the action, and the court sees no prejudice to respondents by granting

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petitioner’s request.

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IT IS THEREFORE ORDERED that petitioner’s motion for leave to file a first amended

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petition (ECF No. 7) is GRANTED. The clerk of the court shall file the first amended petition,

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which currently is at ECF No. 7-1.

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IT IS FURTHER ORDERED that petitioner’s motion requesting scheduling order permitting

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Patterson to file a second amended petition (ECF No. 8) is GRANTED. Petitioner will have ninety

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(90) days from the date of entry of this order to file and serve a second amended petition.

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DATED: December 14, 2017.

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_________________________________
JAMES C. MAHAN
United States District Judge

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