Mulder v. MCDANIEL et al

Filing 235

ORDER granting ECF No. 233 Stipulation for Extension of Time. Respondents have until July 18, 2023 to file a Revised Opposition/Response to ECF No. 230 Motion for Appointment of Counsel. See order for additional specifics. Signed by Judge Cristina D. Silva on 6/21/2023. (Copies have been distributed pursuant to the NEF - DLS)

Case 3:09-cv-00610-CDS-CSD Document 235 Filed 06/21/23 Page 1 of 3

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Rene L. Valladares
Federal Public Defender
Nevada Bar No. 11479
Heather Fraley
Assistant Federal Public Defender
Texas Bar No. 24050621
[e-mail]
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)

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Attorneys for Petitioner Michael J. Mulder

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Michael J. Mulder,

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Petitioner
v.

Case No. 3:09-cv-00610-CDS-CSD
STIPULATION AND ORDER

William Gittere, Warden, Ely State
Prison, et al.
Respondents

DEATH PENALTY CASE

Case 3:09-cv-00610-CDS-CSD Document 235 Filed 06/21/23 Page 2 of 3

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STIPULATION

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Petitioner Michael Mulder, through counsel Heather Fraley, Assistant

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Federal Public Defender, and Respondent William Gittere, et al, through counsel

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Heather Procter, Chief Deputy Attorney General, hereby stipulate as follows:

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•

On June 6, 2023, counsel for Mr. Mulder filed a Motion for Appointment of

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Counsel in a 42 U.S.C. § 1983 Proceeding and for Appointment as Guardian

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Ad Litem. The motion references numerous exhibits. The exhibits that were

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supposed to be filed with the motion were inadvertently not filed.

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•

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Counsel for Mr. Mulder did not realize the error until June 20, 2023 when
counsel for the State filed their Opposition to Mr. Mulder’s motion.

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Concurrently with the instant stipulation, counsel for Mr. Mulder are filing a

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Notice of Corrected Document that attaches the missing exhibits and corrects

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the numbering for those exhibits.

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•

In the interest of fairness and professionalism, counsel for Mr. Mulder agree

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that the State should have the opportunity to file a revised opposition to the

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motion for appointment of counsel.

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Accordingly, the parties hereby stipulate and agree that Respondents should

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have until July 18, 2023 to file a Revised Opposition to Motion for

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Appointment of Counsel. The parties further agree that Mr. Mulder should

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Case 3:09-cv-00610-CDS-CSD Document 235 Filed 06/21/23 Page 3 of 3

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have two weeks from the date Respondents file their Revised Opposition to

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file a Reply.

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DATED this 20th day of June 2023

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RENE L. VALLADARES
Federal Public Defender

AARON FORD
Nevada Attorney General

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/s/ Heather Fraley

/s/ Heather Procter

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HEATHER FRALEY
Assistant Federal Public Defender

HEATHER PROCTER
Chief Deputy Attorney General

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IT IS SO ORDERED.

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U.S. District Judge Cristina D. Silva

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June 21
DATED ______________,
2023

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