MARK ROGERS V. E.K. MCDANIEL, ET AL.

Filing 225

ORDER that ECF No. 224 petitioner's Emergency Motion to Expedite Resolution of Motion is GRANTED. Respondents are directed to respond to ECF No. 223 motion for disclosure of Rogers' medical and institutional records on or befo re 6/29/2018. Petitioner will then have three days to reply. The Court will not look favorably upon any motion to extend this briefing schedule. Signed by Chief Judge Gloria M. Navarro on 6/25/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARK ROGERS,

Case No. 3:02-cv-00342-GMN-VPC
Petitioner,

ORDER

v.

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TIMOTHY FILSON, et al.,
Respondents.

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In this habeas corpus action, the Court has granted the petitioner, Mark Rogers,

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an evidentiary hearing with respect to Ground 5 of Rogers’ second amended habeas

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petition. See Order entered November 6, 2017 (ECF No. 215); Order entered November

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28, 2017 (ECF No. 217). The evidentiary hearing is now scheduled to commence on

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October 22, 2018, and the Court has approved a schedule for the parties’ pre-hearing

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preparations. See Order entered March 14, 2018 (ECF No. 222).

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On June 20, 2018, Rogers filed a motion (ECF No. 223) requesting an order of the

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Court directing the respondents to disclose to him his medical and institutional records

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held by the Nevada Department of Corrections. Also on June 20, 2018, Rogers filed a

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separate motion (ECF No. 224) requesting that the Court expedite resolution of the

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motion for an order for disclosure of his medical and institutional records. In the motion to

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expedite, Rogers’ counsel points out that the parties are due to disclose expert reports

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on July 24, 2018. See Order entered March 14, 2018 (ECF No. 222). Rogers’ counsel

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indicates that Rogers’ experts wish to review Rogers’ records before completing their
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reports. The Court, therefore, determines that there is good cause to expedite the

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resolution of the motion for disclosure of Rogers’ medical and institutional records.

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IT IS THEREFORE HEREBY ORDERED that petitioner’s Emergency Motion to

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Expedite Resolution of Motion (ECF No. 224) is GRANTED. Respondents are directed to

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respond to the motion for disclosure of Rogers’ medical and institutional records (ECF

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No. 223) on or before Friday, June 29, 2018. Petitioner will then have three days to reply.

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The Court will not look favorably upon any motion to extend this briefing schedule.

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June
DATED THIS ___ day of ______________________, 2018.

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GLORIA M. NAVARRO,
CHIEF UNITED STATES DISTRICT JUDGE

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