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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AVRAM VINETO NIKA,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Respondents.

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3:09-cv-00178-JCM-WGC
ORDER

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In this capital habeas corpus action, the petitioner, Avram Vineto Nika, filed a second

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amended petition for writ of habeas corpus on August 3, 2015 (ECF No. 73). Respondents are due

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to respond to Nika’s second amended petition by October 5, 2015. See Order entered June 18, 2015

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(ECF No. 68).

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Also on August 3, 2015, the government of the Republic of Serbia (“Serbia”) filed a motion

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(ECF No. 69), requesting leave of court to file, as amicus curiae, a brief in support of Nika, as well

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as the proposed amicus brief itself and four attached exhibits (ECF No. 72). Respondents did not

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respond to Serbia’s motion.

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A federal district court has discretion to accept an amicus brief from a non-party regarding an

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issue with ramifications beyond the parties directly involved, or from a non-party that can offer

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“unique information or perspective that can help the court beyond the help that the lawyers for the

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parties are able to provide.” Cobell v. Norton, 246 F.Supp.2d 59, 62 (D.D.C.2003) (quoting Ryan v.

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Commodity Futures Trading Comm’n, 125 F.3d 1062, 1064 (7th Cir.1997)); see also NGV Gaming,

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Ltd. v. Upstream Point Molate, LLC, 355 F.Supp.2d 1061, 1067-69 (N.D.Cal.2005).

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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.

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Any further filing by Serbia as amicus curiae must be pursuant to a sua sponte invitation by

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the court, or with leave of court granted upon a motion. Any motion by Serbia for leave of court to

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file a further brief as amicus curiae must be filed in such time so as not to delay the progress of this

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case, and must include, as an attachment, a copy of the proposed brief.

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In view of this order granting Serbia leave of court to file a brief as amicus curiae, the court

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will sua sponte extend the time for respondents to respond to Nika’s second amended habeas

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petition.

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IT IS THEREFORE ORDERED that the motion for leave to file brief of the Republic of

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Serbia as amicus curiae in support of petitioner is GRANTED. As the amicus brief has already been

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filed, the clerk of the court need take no further action in this regard.

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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.

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September 10, September 2015.
Dated this _____ day of 2015.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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