Bolin v. McDaniel et al

Filing 142

ORDERED that petitioner's # 135 Motion for leave to file a fourth amended petition and his revised # 137 Motion to amend Claim 6 and Claim 10 are GRANTED. FURTHER ORDERED that further proceedings are scheduled as follows: 1. Answer. Respondents shall have 60 days from the date this order is entered within which to file an answer to the # 138 Fourth amended petition for writ of habeas corpus. 2. Reply and Response to Reply. Petitioner shall have 45 days following service o f an answer by respondents to file and serve a reply. Respondents shall thereafter have 30 days following service of a reply to file and serve a response to the reply. 3. Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing , petitioner shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, his reply to respondents' answer. FURTHER ORDERED that petitioner's # 132 Motion to amend Claim 6 and Claim 10 is DENIED as moot. Signed by Judge Miranda M. Du on 1/9/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GREGORY D. BOLIN,

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

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Petitioner,
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ORDER

v.
RENEE BAKER, et al.,
Respondents.

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On November 27, 2012, petitioner Bolin filed a notice of abandonment of

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unexhausted claims, a third amended petition for writ of habeas corpus, and a motion to

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amend Claim 6 and Claim 10. (Dkt. nos. 131-133.) The respondents objected to the

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filing of the third amended petition, arguing that it failed to comply with the Court’s

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requirement that it contain only exhausted claims. (Dkt. no. 134.) In response, Bolin

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filed a motion for leave to file a fourth amended petition and to revise his motion to

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amend Claim 6 and Claim 10 and his notice of abandonment. (Dkt. no. 135.) With that

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motion, he also filed each of the documents he seeks to revise. (Dkt. no. 136-138.)

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On January 2, 2013, respondents filed a notice expressing their non-opposition

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to Bolin’s motions for leave to file a fourth amended petition and revise other pleadings

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and to his revised motion to amend Claim 6 and Claim 10. (Dkt. no. 141.) Good cause

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appearing, the Court shall grant these motions and establish a schedule for further

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proceedings in this case.

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IT IS THEREFORE ORDERED that petitioner’s motion for leave to file a fourth

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amended petition (dkt. no. 135) and his revised motion to amend Claim 6 and Claim 10

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(dkt. no. 137) are GRANTED.

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IT IS FURTHER ORDERED that further proceedings are scheduled as follows:

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1.

Answer. Respondents shall have sixty (60) days from the date this order

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is entered within which to file an answer to the fourth amended petition for writ of

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habeas corpus (dkt. no. 138).

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2.

Reply and Response to Reply. Petitioner shall have forty-five (45) days

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following service of an answer by respondents to file and serve a reply. Respondents

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shall thereafter have thirty (30) days following service of a reply to file and serve a

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response to the reply.

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3.

Evidentiary Hearing. If petitioner wishes to request an evidentiary

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hearing, petitioner shall file and serve a motion for an evidentiary hearing concurrently

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with, but separate from, his reply to respondents’ answer. The motion for an evidentiary

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hearing must specifically address why an evidentiary hearing is required, and must

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meet the applicable requirements of 28 U.S.C. § 2254(e). The motion must identify

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whether an evidentiary hearing was held in state court, and, if so, state where the

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transcript is located in the record. If petitioner files a motion for an evidentiary hearing,

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respondents shall file and serve a response to that motion concurrently with, but

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separate from, their response to petitioner’s reply.

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twenty (20) days, following service of respondents’ response to the motion for an

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evidentiary hearing, to file and serve a reply in support of that motion.

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Petitioner shall thereafter have

IT IS FURTHER ORDERED that petitioner’s motion to amend Claim 6 and Claim
10 (dkt. no. 132) is DENIED as moot.
DATED THIS 9th day of January 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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