Hawes v. Palmer et al

Filing 67

ORDER Second Amended Petition due within 30 days. Hard copy of any additional state court record exhibits shall be forwarded to staff attorneys in Las Vegas. Signed by Judge Robert C. Jones on 1/27/16. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 LANCE DEON HAWES, 10 Petitioner, 11 vs. 12 Case No. 3:10-cv-00655-RCJ-VPC JACK PALMER, et al., 13 ORDER Respondents. 14 15 The court of appeals has remanded the action to this court. Assuming that counsel for 16 petitioner would wish to use a petition of his own drafting, the court will give petitioner the 17 opportunity to file a second amended petition. 18 IT IS THEREFORE ORDERED that petitioner will have thirty (30) days to file a second 19 amended petition for a writ of habeas corpus or to file a notice that he does not wish to file a second 20 amended petition. 21 IT IS FURTHER ORDERED that neither the foregoing deadline nor any extension thereof 22 signifies or will signify any implied finding of a basis for tolling during the time period established. 23 Petitioner at all times remains responsible for calculating the running of the federal limitation period 24 under 28 U.S.C. § 2244(d)(1) and timely asserting claims. 25 /// 26 /// 27 /// 28 /// 1 2 3 IT IS FURTHER ORDERED that the hard copy of any additional state court record exhibits shall be forwarded—for this case—to the staff attorneys in Las Vegas. Dated: DATED: This 27th day of January, 2016. 4 5 _________________________________ ROBERT C. JONES United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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