Byford v. Nevada Attorney General et al

Filing 47

ORDER granting nunc pro tunc 27 Motion for Leave to File Second Amended Petition 46 . Respondents shall file response to 31 MOTION to Stay and Abeyance within 35 days. Signed by Judge Edward C. Reed, Jr on 9/26/12. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT ROYCE BYFORD,

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Petitioner,

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vs.

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3:11-cv-00112-ECR-WGC

RENEE BAKER, et al.,

ORDER
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Respondents.
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On May 18, 2012, petitioner filed a motion for leave to file a second amended petition. ECF

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No. 27. Respondents filed a response indicating that they did not object to the filing of the pleading,

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with the one condition that petitioner provide a statement of exhaustion as required by LSR 3-1 and

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Rule 2 of the Rules Governing Section 2254 Cases in the Federal District Courts. ECF No. 38.

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Petitioner has filed a second amended petition that contains a statement of exhaustion with
respect to the claims contained therein. ECF No. 46.

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

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amended petition (ECF No. 27) is GRANTED nunc pro tunc as of September 4, 2012.

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IT IS FURTHER ORDERED that respondents shall file their response to petitioner’s

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motion for stay and abeyance (ECF No. 31) within thirty-five (35) days of the date this order is

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entered.

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DATED:

September 26, 2012.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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