Peter Quinn Elvik VS Don Bunce, et al.

Filing 70

ORDER. IT IS ORDERED that respondents SHALL FILE AN ANSWER addressing the merits of all claims in the 42 second amended petition within thirty (30) days from the date of entry of this order. FURTHER ORDERED that petitioner's reply to the answer is due within thirty (30) days from the date of being served with the answer. Signed by Judge Robert C. Jones on 10/26/09. (Copies have been distributed pursuant to the NEF - MLC)

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 DON BUNCE, et al., 15 Respondents. 16 17 On September 27, 2007, this Court dismissed the second amended habeas corpus 18 petition as untimely. (Docket #60). Judgment was entered the same date. (Docket #61). 19 In a memorandum opinion, filed June 16, 2009, the Court of Appeals for the Ninth 20 Circuit reversed this Court's dismissal of the petition. (Docket #65). Specifically, the Court of 21 Appeals held that petitioner is entitled to equitable tolling of the AEDPA statute of limitations, and 22 remanded the action to this Court "to consider the merits of Elvik's petition for habeas corpus." 23 (Docket #65, at p. 3). The Court of Appeals issued its mandate on August 4, 2009. (Docket #68). 24 IT IS THEREFORE ORDERED that respondents SHALL FILE AN ANSWER 25 addressing the merits of all claims in the second amended petition within thirty (30) days from the 26 date of entry of this order. vs. PETER QUINN ELVIK, Petitioner, ) ) ) ) ) ) ) ) ) ) /

3:04-cv-0471-RCJ-RAM

ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (ec1)

IT IS FURTHER ORDERED that petitioner's reply to the answer is due within thirty (30) days from the date of being served with the answer. Dated this 26 th day of October, 2009.

___________________________________ UNITED STATES DISTRICT JUDGE

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