PAUL L. BROWNING VS JACKIE CRAWFORD, et al.

Filing 229

ORDER that the Stipulated Motion to Extend Deadline for Retrial 60 Days ECF No. 228 is GRANTED. The State shall commence jury selection in the petitioners retrial no later than 3/22/2019; Clerk directed to substitute William Gittere for Timothy Filson on the docket as the respondent warden. Signed by Judge Robert C. Jones on 1/14/2019. (Copies have been distributed pursuant to the NEF - KW)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 PAUL L. BROWNING, 6 Petitioner, 7 Case No. 3:05-cv-00087-RCJ-WGC v. Order 8 9 10 WILLIAM GITTERE, et al., Respondents. 11 12 In this capital habeas corpus action, on July 25, 2018, this Court granted the 13 petitioner, Paul L. Browning, habeas corpus relief in accordance with the order of the 14 Ninth Circuit Court of Appeals (ECF Nos. 225, 226). The Court ordered that “Petitioner 15 shall be released from custody ... unless, within sixty (60) days of the date of this order, 16 the respondents file in this action a written notice of election to retry petitioner on these 17 charges, and within one hundred eighty (180) days of the date of this order the State of 18 Nevada commences jury selection in that retrial.” Order entered July 25, 2018 (ECF No. 19 225), p. 2. The 180-day period during which the retrial was to commence would expire 20 on January 21, 2019. 21 On January 10, 2019, the parties jointly filed a stipulated motion for an extension 22 of time (ECF No. 228), requesting that the time for the retrial to commence be extended 23 by 60 days, to March 22, 2019. Good cause appearing, 24 IT IS HEREBY ORDERED that the Stipulated Motion to Extend Deadline for 25 Retrial 60 Days (ECF No. 228) is GRANTED. The State shall commence jury selection 26 in the petitioner’s retrial no later than March 22, 2019. 27 28 1 1 IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 2 25(d), the Clerk of the Court shall substitute William Gittere for Timothy Filson, on the 3 docket for this case, as the respondent warden. 4 5 14th day of January, 2019. DATED THIS ___ day of ______________________, 2019. 6 7 8 ROBERT C. JONES, UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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