Bynoe v. Helling et al

Filing 115

ORDER - IT IS ORDERED that respondents' motion to waive compliance with Local Rule for Special Proceedings and Appeals LSR 3-3 (ECF No. 113 ) is GRANTED. IT IS FURTHER ORDERED that respondents' fourth and fifth motions for extension of time to respond to the second-amended petition (ECF Nos. 105 and 106 ) are both GRANTED nunc pro tunc. Signed by Judge Larry R. Hicks on 11/3/2022. (Copies have been distributed pursuant to the NEF - CJS)

Case 3:07-cv-00009-LRH-CLB Document 115 Filed 11/03/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Petitioner, ORDER
v.
PERRY RUSSELL, WARDEN, et al.,
Respondents.

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***
Case No. 3:07-cv-00009-LRH-CLB

MICHAEL BRUCE BYNOE,

Respondents ask that the court waive compliance with Local Special Rule 3-3

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with respect to the index of exhibits in support of their motion to dismiss Michael Bruce

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Bynoe’s second-amended § 2254 habeas corpus petition. (ECF No. 113.) LSR 3-3(c)

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states that the court disfavors the filing of duplicate exhibits. Respondents note that the

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voluminous state-court record spans over 24 years and explain that a complete set of

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state-court exhibits has never been filed in this case. Thus, they request to file a

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complete, chronological index and exhibits for the state proceedings. Good cause

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appearing,

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Case 3:07-cv-00009-LRH-CLB Document 115 Filed 11/03/22 Page 2 of 2

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IT IS ORDERED that respondents’ motion to waive compliance with Local Rule
for Special Proceedings and Appeals LSR 3-3 (ECF No. 113) is GRANTED.

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IT IS FURTHER ORDERED that respondents’ fourth and fifth motions for

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extension of time to respond to the second-amended petition (ECF Nos. 105 and 106)

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are both GRANTED nunc pro tunc.

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DATED: 3 November 2022.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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