PAUL L. BROWNING VS JACKIE CRAWFORD, et al.

Filing 232

ORDER that the Respondents' Motion for Order Shortening Time ECF No. 231 is GRANTED. Petitioner to respond to ECF No. 230 Motion for Relief from Judgment by 3/15/2019 and Respondents to file Reply by 3/18/2019. Signed by Judge Robert C. Jones on 3/13/2019. (Copies have been distributed pursuant to the NEF - KW)

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 Granting Motion for Order
Shortening Time (ECF No. 231)

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. After an extension of time, stipulated to by the parties and approved by the

20

Court, the retrial is to commence no later than March 22, 2019. See Order entered

21

January 14, 2019 (ECF No. 229).

22

On March 13, 2019, the respondents filed a Motion for Relief from Judgment

23

(ECF No. 230), requesting that the time for the retrial to commence be further extended.

24

In that motion, Respondents notify this Court that the state district court has indicated

25

that it will grant a motion to dismiss the further state-court proceeding, either ruling out

26

or delaying Browning’s retrial, and Respondents therefore ask that the time for a retrial

27

to commence under the judgment in this action be extended to 180 days after the

28

resolution of an appeal from the state district court’s order.
1

1

On March 13, 2019, the respondents also filed a Motion for Order Shortening

2

Time (ECF No. 231), requesting that the briefing of the Motion for Relief from Judgment

3

be shortened, so that motion may be resolved before the March 22 deadline for the

4

commencement of Browning’s retrial. The Court determines that there is good cause to

5

shorten the time for the briefing of the Motion for Relief from Judgment, so that the

6

Court may receive briefing from the parties regarding that motion before the March 22

7

deadline for commencement of the retrial.

8
9

IT IS THEREFORE ORDERED that the respondents’ Motion for Order
Shortening Time (ECF No. 231) is GRANTED. The petitioner will have until and

10

including March 15, 2019, to respond to the Motion for Relief from Judgment (ECF No.

11

230). Thereafter, Respondents will have until and including March 18, 2019, to reply.

12
13

DATED THIS 13th day of ______________________, 2019.
___ day of March, 2019.

14
15
16

ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2