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

Filing 262

ORDER that the petitioner's "Emergency Motion to Expedite Resolution of Motion for Order Permitting Mobile Phone at Prison" (ECF No. 258 ) is GRANTED. Respondents will have until 1:00 p.m. on October 11, 2018, to respond to the Motion Permitting Mobile Phone at Prison. Thereafter, Rogers will have until 10:00 a.m. on October 12, 2018, to file a reply, if necessary. Signed by Chief Judge Gloria M. Navarro on 10/10/2018. (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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MARK ROGERS,

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

ORDER

v.

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WILLIAM GITTERE, 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 will commence on October 22, 2018.

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

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Rogers will appear at the evidentiary hearing from Ely State Prison (ESP) by video.

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See Order entered September 11, 2018 (ECF No. 251). The Court has directed the

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respondents “to make arrangements at the prison where the petitioner is incarcerated to

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have the petitioner appear by video at the evidentiary hearing.” See id. at 2. As it is unclear

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whether anything has been done in this regard to date, the Court will further order the

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respondents to have ESP personnel contact Court personnel by October 12, 2018, to

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inform the Court of the status of those arrangements and to further coordinate the

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arrangements.
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Rogers’ counsel has represented that one of Rogers’ attorneys will be present with

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Rogers, at ESP, during the evidentiary hearing, to consult with him. See Notice filed

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September 18, 2018 (ECF No. 253).

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On October 9, 2018, Rogers filed a “Motion Permitting Mobile Phone at Prison”

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(ECF No. 259). In that motion, Rogers requests that the Court order the respondents to

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allow his counsel to possess a mobile phone at ESP during the evidentiary hearing, and

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to use it to communicate with co-counsel in the courtroom by text messaging. Rogers

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argues that this would be the most efficient method of communication between Rogers’

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counsel at the prison and his counsel in the courtroom. Rogers’ counsel represent that

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they have requested permission from prison personnel for such use of a mobile phone at

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ESP during the evidentiary hearing, but the request was denied.

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On October 9, 2018, Rogers also filed an “Emergency Motion to Expedite

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Resolution of Motion for Order Permitting Mobile Phone at Prison” (ECF No. 258),

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requesting that the Motion Permitting Mobile Phone at Prison be expedited, and resolved

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no later than October 16, 2018. The Court will grant this motion and will set an expedited

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briefing schedule.

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IT IS THEREFORE ORDERED that the respondents are directed to have

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appropriate ESP personnel contact Court personnel to inform the Court of the status of

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the arrangements for Rogers’ appearance by video at the evidentiary hearing, and to

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further coordinate those arrangements. Respondents are to have ESP personnel contact

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Aaron Blazevitch ([e-mail]), regarding this matter, no later

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than October 12, 2018, at 4:00 p.m.

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IT IS FURTHER ORDERED that the petitioner’s “Emergency Motion to Expedite

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Resolution of Motion for Order Permitting Mobile Phone at Prison” (ECF No. 258) is

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GRANTED. Respondents will have until 1:00 p.m. on October 11, 2018, to respond to

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the Motion Permitting Mobile Phone at Prison. Thereafter, Rogers will have until 10:00

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a.m. on October 12, 2018, to file a reply, if necessary.

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October
DATED THIS ___ day of ______________________, 2018.

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GLORIA M. NAVARRO,
CHIEF UNITED STATES DISTRICT JUDGE

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