Wesley v. Howell et al

Filing 16

ORDER granting 14 Motion for Discovery; Discovery due by 1/18/2021. IT IS FURTHER IS ORDERED that petitioner will have until 2/16/2021, to file an amended petition, after which the schedule for filing an answer or motion to dismiss and subsequent briefing that is set forth in the order dated June 30, 2020, (ECF No. 11 ) will apply. Signed by Judge Jennifer A. Dorsey on 11/18/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:20-cv-00783-JAD-BNW Document 16 Filed 11/18/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Herbert Dewayne Wesley,
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Petitioner

5 v.

Case No.: 2:20-cv-00783-JAD-BNW
Order Granting Motion for Discovery
[ECF No. 14]

6 Jerry Howell, et al.,
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Respondents

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Petitioner Herbert Dewayne Wesley moves to allow him to conduct discovery, arguing

10 that, due to the age of his state-court criminal case, materials that were provided to defense
11 counsel in pre-trial discovery have been lost. 1 He seeks only the materials that the prosecution
12 provided to defense counsel in pre-trial discovery. Respondents do not oppose the motion, 2 and
13 good cause exists to grant it. So this order sets deadlines for the completion of discovery and for
14 the filing of the amended petition past Wesley's estimate of the expiration of 28 U.S.C.
15 § 2244(d)(1)'s one-year period of limitation. 3 This is not an extension of the period of limitation.
16 As always, Wesley remains responsible for accurate calculation of the one-year period of
17 limitation.
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IT THEREFORE IS ORDERED that the motion for discovery [ECF No. 14] is

19 GRANTED. Discovery must be completed by January 18, 2021.
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ECF No. 14.

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ECF No. 15.

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See ECF No. 14 at 5.

Case 2:20-cv-00783-JAD-BNW Document 16 Filed 11/18/20 Page 2 of 2

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IT IS FURTHER IS ORDERED that petitioner will have until February 16, 2021, to

2 file an amended petition, after which the schedule for filing an answer or motion to dismiss
3 and subsequent briefing that is set forth in the order dated June 30, 2020, (ECF No. 11) will
4 apply. Dated: November 18, 2020
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_________________________________
U.S. District Judge

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