Fields v. LeGrand et al

Filing 27

ORDER granting 24 Motion to Reopen Case; denying 25 Motion to Appoint Counsel. Respondents' answer due 5/10/2014. Signed by Judge Larry R. Hicks on 03/25/2014. Hard copies of exhibits shall be forwarded, for this case, to the staff attorneys in Las Vegas. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 MATTHEW ARTHUR FIELDS, 10 Petitioner, 11 vs. 12 ROBERT LEGRAND, et al., 13 Case No. 3:11-cv-00341-LRH-WGC Respondents. ORDER 14 15 The court stayed this action to allow petitioner to exhaust his available state court remedies. 16 Order (#23). Petitioner has filed a motion to reopen (#24), stating that his proceedings in state court 17 have concluded. The court grants this motion. 18 Petitioner also has submitted a motion for appointment of counsel (#25). The court sees no 19 reason to depart from its denial of petitioner’s earlier motion for appointment of counsel (#7). See 20 Order (#5). 21 22 IT IS THEREFORE ORDERED that petitioner’s motion to reopen (#24) is GRANTED. This action is REINSTATED. 23 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date 24 on which this order is entered to answer or otherwise respond to the second amended petition (#42). 25 If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing 26 Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five 27 (45) days from the date on which the answer is served to file a reply. 28 /// 1 2 3 4 5 IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (#25) is DENIED. IT IS FURTHER ORDERED that, from this date forward, the hard copy of any exhibits shall be forwarded—for this case—to the staff attorneys in Las Vegas. DATED this 25th day of March, 2014. 6 7 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 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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