Nika v. McDaniel et al

Filing 84

ORDER granting 69 Motion for Leave to File Brief; extending time for Respondents to respond to 73 Second Amended Petition to 11/13/2015. Signed by Judge James C. Mahan on 9/10/2015. (Copies have been distributed pursuant to the NEF - KR)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 AVRAM VINETO NIKA, 10 Petitioner, 11 vs. 12 RENEE BAKER, et al., 13 Respondents. 14 ) ) ) ) ) ) ) ) ) ) / 3:09-cv-00178-JCM-WGC ORDER 15 16 In this capital habeas corpus action, the petitioner, Avram Vineto Nika, filed a second 17 amended petition for writ of habeas corpus on August 3, 2015 (ECF No. 73). Respondents are due 18 to respond to Nika’s second amended petition by October 5, 2015. See Order entered June 18, 2015 19 (ECF No. 68). 20 Also on August 3, 2015, the government of the Republic of Serbia (“Serbia”) filed a motion 21 (ECF No. 69), requesting leave of court to file, as amicus curiae, a brief in support of Nika, as well 22 as the proposed amicus brief itself and four attached exhibits (ECF No. 72). Respondents did not 23 respond to Serbia’s motion. 24 A federal district court has discretion to accept an amicus brief from a non-party regarding an 25 issue with ramifications beyond the parties directly involved, or from a non-party that can offer 26 “unique information or perspective that can help the court beyond the help that the lawyers for the 1 parties are able to provide.” Cobell v. Norton, 246 F.Supp.2d 59, 62 (D.D.C.2003) (quoting Ryan v. 2 Commodity Futures Trading Comm’n, 125 F.3d 1062, 1064 (7th Cir.1997)); see also NGV Gaming, 3 Ltd. v. Upstream Point Molate, LLC, 355 F.Supp.2d 1061, 1067-69 (N.D.Cal.2005). 4 5 The court finds that there is good cause to allow the filing of Serbia’s amicus brief and supporting exhibits. The court will grant Serbia leave of court for that filing. 6 Any further filing by Serbia as amicus curiae must be pursuant to a sua sponte invitation by 7 the court, or with leave of court granted upon a motion. Any motion by Serbia for leave of court to 8 file a further brief as amicus curiae must be filed in such time so as not to delay the progress of this 9 case, and must include, as an attachment, a copy of the proposed brief. 10 In view of this order granting Serbia leave of court to file a brief as amicus curiae, the court 11 will sua sponte extend the time for respondents to respond to Nika’s second amended habeas 12 petition. 13 IT IS THEREFORE ORDERED that the motion for leave to file brief of the Republic of 14 Serbia as amicus curiae in support of petitioner is GRANTED. As the amicus brief has already been 15 filed, the clerk of the court need take no further action in this regard. 16 17 IT IS FURTHER ORDERED that the time for respondents to respond to the petitioner’s second amended habeas petition shall be extended to and including November 13, 2015. 18 19 September 10, September 2015. Dated this _____ day of 2015. 20 21 _________________________________________ UNITED STATES DISTRICT JUDGE 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?