Nasby v. McDaniel et al

Filing 164

ORDER that respondents shall file a response to petitioner's request to amend the petition by 3/13/2019. Signed by Judge Larry R. Hicks on 2/21/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRENDAN NASBY,

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Case No. 3:07-cv-00304-LRH-WGC
Petitioner, ORDER

v.
E.K. MCDANIEL, et al.,
Respondents.

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This counseled habeas matter is pending before the Court for merits review. Current

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counsel was appointed while this action was on appeal before the Ninth Circuit. As the record

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reflects, the operative petition is petitioner’s original, pro se petition, despite the fact that petitioner

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was previously represented by counsel in this matter and prior federal counsel was given leave to

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file an amended petition on his behalf. In his reply, petitioner asserts that his prior federal counsel

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inadequately represented him and argues that “any shortfalls in [the] original pro per petition must

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be excused for lack of meaningful access to legal resources, or [petitioner] must be able to use this

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Reply brief and/or a future supplemental petition to cure any alleged errors in pleading his habeas

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claims herein.” (ECF No. 127 at 5). The Court understands petitioner to be asking for leave to

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amend his petition, albeit in the incorrect manner. Nevertheless, in light of the history of this

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particular case, the Court is considering granting petitioner’s request. However, respondents

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should have an opportunity to respond to petitioner’s request. IT IS THEREFORE ORDERED

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that, within twenty days of the date of this order, respondents shall file a response to petitioner’s

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request to amend the petition.

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IT IS SO ORDERED.

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DATED this 21st day of February, 2019.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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