Walsh v. Dzurenda et al

Filing 39

ORDER granting 38 Stipulation; Amended Petition due within five (5) days of the filing of this Order. Upon Petitioner filing the Second Amended 2254 Petition, Respondents shall file a response within 60 days. Signed by Judge Gloria M. Navarro on 10/12/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-01427-GMN-DJA Document 38 Filed 10/05/20 Page 1 of 2
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10/12/20

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Jointly Submitted

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Robert Walsh,
Petitioner,
v.
James Dzurenda, et al.

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Case No. 2:18-cv-01427-GMN-DJA
Stipulation and Order Granting
Petitioner Leave to File Second
Amended § 2254 Petition

Respondents.

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Petitioner Robert Walsh and Respondents Dzurenda, et al., (collectively the
“Parties”), by and through their respective counsel of record, hereby stipulate and
agree as follows:
1.

The Parties stipulate and agree that Petitioner may, pursuant to Rule

15(a) of the Federal Rules of Civil Procedure, file the Second Amended § 2254 Petition
attached hereto as Exhibit A. Petitioner shall file the Second Amended § 2254
Petition within five days of the Court’s approval of this stipulation.
2.

Respondents do not waive any procedural defenses that they can assert

against the Second Amended § 2254 Petition.
3.

Respondents withdraw their previously filed motion for an extension of

time to respond to Petitioner’s first Amended § 2254 Petition (ECF No. 37). Upon
Petitioner filing the Second Amended § 2254 Petition, the Parties stipulate and agree
that Respondents shall file a response within 60 days.
Respectfully Submitted,
Dated October 5, 2020.

Dated October 5, 2020.

/s/Ron Sung___________________
RON SUNG
Assistant Federal Public Defender
Nevada State Bar No. 13047

/s/ Michael Bongard________________
MICHAEL J. BONGARD
Senior Deputy Attorney General
Nevada State Bar No. 7997

Case 2:18-cv-01427-GMN-DJA Document 38 Filed 10/05/20 Page 2 of 2
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10/12/20

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ORDER

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Based on the written stipulation of the parties and good cause appearing in

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support thereof, Petitioner Robert Walsh may file an amended petition in the form of

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the Second Amended § 2254 Petition attached hereto as Exhibit A within five (5) days
of the filing of this Order. Upon Petitioner filing the Second Amended § 2254 Petition,
Respondents shall file a response within 60 days.

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IT IS SO ORDERED:

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_______________________________
UNITED STATES DISTRICT JUDGE

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DATED: October 12, 2020

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