Bolin v. McDaniel et al

Filing 119

ORDER that stay is VACATED.FURTHER ORDER counsel for Petitioner shall have 30 days to obtain case files from prior counsel and to confer with petitioner. Counsel shall have 45 days to review record. Respondents shall provide any portion of rec ord not contained in case files or previously filed as exhibit. FURTHER ORDER petitioner shall have 60 days to file Notice of Abandonment, indicating unexhausted claims identified in 90 Order, are to be deleted from second amended petition [49 ]. FURTHER ORDER, if petitioner does not abandon claims, the second amended petition 49 shall be dismissed. Please see attached for specific details. Signed by Judge Miranda M. Du on 7/11/12. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GREGORY D. BOLIN,

Case No. 3:07-cv-00481-MMD-VPC
Petitioner,

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ORDER
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v.
RENEE BAKER, et al.,
Respondents.

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On June 13, 2012, this court discharged Saor Stetler as counsel for the

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petitioner, Gregory D. Bolin, in this capital habeas corpus case. (Dkt. no. 115.) The

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court also stayed proceedings pending the appointment of new counsel. Id.

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On July 9, 2012, the court entered an order appointing David K. Neidert to

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represent the petitioner in this case. (Dkt. no. 117.) Mr. Neidert has entered a notice of

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appearance. (Dkt. no. 118.) As such, the court shall reopen proceedings in this case.

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However, the court will also allow a period of time for counsel to familiarize himself with

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petitioner’s case.

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IT IS THEREFORE ORDERED that the stay in this case is VACATED.

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IT IS FURTHER ORDERED that counsel for petitioner shall have thirty (30)

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days from the date of entry of this order to obtain petitioner’s case files from prior

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counsel (which prior counsel is ordered to provide) and to confer with petitioner at

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petitioner’s place of confinement. Counsel shall have forty-five (45) days from the date

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of entry of this order to review the record of state and federal proceedings. At counsel’s

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request, respondents shall provide any portion of the state court record not contained in

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petitioner’s case files or previously filed as an exhibit in this proceeding.

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IT IS FURTHER ORDERED that petitioner shall have sixty (60) days from the

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date this order is entered within which to file a Notice of Abandonment of Unexhausted

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Claims, indicating that unexhausted claims identified in this court’s order of September

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27, 2011 (dkt. no. 90), are to be deleted from his second amended petition (dkt. no. 49)

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IT IS FURTHER ORDERED that, if petitioner does not abandon his unexhausted

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claims within the time allowed, the second amended petition (dkt. no. 49) shall be

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dismissed under Rose v. Lundy, 455 U.S. 509 (1982).
DATED THIS 11th day of July 2012.

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UNITED STATES DISTRICT JUDGE

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