Jerry E. White VS E.K. McDaniel, et al.

Filing 101

ORDER granting Petitioner's ECF No. 94 Motion to Reopen, directing Clerk to reopen the file; granting Petitioner's ECF No. 96 Motion to File an Amended Successor Petition and giving Petitioner 30 days to file amended succe ssor petition. Respondents to answer with 45 days of service of amended successor petition. Petitioner to reply within 45 days of service of the answer. Petitioner to send courtesy (paper) copies of ECF No. 99 exhibits, and any further exhibits, to the Reno Division of this court, attention Staff Attorney. Signed by Chief Judge Gloria M. Navarro on 6/29/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 JERRY WHITE, 10 Petitioner, Case No. 3:04-cv-0412-GMN-RAM 11 vs. ORDER 12 E.K. McDANIEL, et al., 13 Respondents. 14 15 16 17 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a Nevada state prisoner represented by counsel. 18 On March 8, 2011, this Court ruled that actual innocence claims in the first successor 19 petition were unexhausted. (ECF No. 91). This Court granted petitioner a stay and abeyance under 20 Rhines v. Weber, 544 U.S. 269 (2005). (Id.). The instant case was administratively closed pending 21 the exhaustion of petitioner’s actual innocence claims in the Nevada state courts. (Id.). 22 Petitioner’s further state court proceedings having concluded, petitioner has returned to this 23 Court seeking to reopen this case. (ECF No. 94). Petitioner concurrently filed a motion to amend 24 the successor petition. (ECF No. 96). Attached to petitioner’s motion to amend is a proposed 25 amended successor petition. (ECF No. 96, at pp. 8-35). Petitioner has also filed supplemental 26 exhibits in support of the motion to reopen the case and in support of the proposed amended 27 successor petition. (ECF Nos. 95 & 99). Pursuant to Rule 15 of the Federal Rules of Civil 28 1 Procedure, petitioner’s motion to file an amended successor petition is granted. Good cause 2 appearing, this action is reopened and the Court now sets a further briefing schedule for this action. 3 4 5 6 7 IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action (ECF No. 94) is GRANTED. IT IS FURTHER ORDERED that, as the stay is lifted by this order, the Clerk of Court SHALL REOPEN THE FILE in this action. IT IS FURTHER ORDERED that petitioner’s motion to file an amended successor 8 petition (ECF No. 96) is GRANTED. Petitioner SHALL FILE an amended successor petition 9 within thirty (30) days from the date of entry of this order. 10 IT IS FURTHER ORDERED that within forty-five (45) days of being served with the 11 amended successor petition, respondents shall answer, or otherwise respond to, the amended 12 successor petition. 13 IT IS FURTHER ORDERED that once an answer is filed, petitioner shall have forty-five 14 (45) days following service of the answer to file and serve a reply brief. If a dispositive motion is 15 filed in response to the amended successor petition, the parties shall brief the motion in accordance 16 with Local Rule 7-2. 17 IT IS FURTHER ORDERED that petitioner SHALL SEND courtesy (paper) copies of the 18 exhibits filed at ECF No. 99 to the Reno Division of this Court. The parties SHALL SEND 19 courtesy copies of any further exhibits filed in this action to the Reno Division of this Court. 20 Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and 21 directed to the attention of “Staff Attorney” on the outside of the mailing address label. 22 23 29 Dated this ______ day of June, 2017. 24 25 26 Gloria M. Navarro, Chief Judge United States District Court 27 28 -2-

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