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