Manley v. Warden et al

Filing 67

ORDERED that petitioner's motion to reopen this action (ECF No. 61 ) is GRANTED. The stay is lifted by this order, the Clerk shall REOPEN THE FILE in this action. Answer/response to the second amended petition (ECF No. 62 ) due by 10/13/201 7. Petitioner shall have 45 days following service of the answer to FILE AND SERVE a reply brief. The parties SHALL SEND courtesy (paper) copies of any further exhibits filed in this action to the Reno Division of this Court. Courtesy copies shall be mailed to Reno "Staff Attorney" as specified herein. Signed by Judge Howard D. McKibben on 8/29/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GILES MANLEY,
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Petitioner,

Case No. 3:11-cv-00354-HDM-WGC

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vs.

ORDER

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WARDEN, HIGH DESERT
STATE PRISON, et al.,

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Respondents.

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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
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Nevada state prisoner represented by counsel.
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This action was dismissed without prejudice, and the case closed administratively, pursuant
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to an order entered August 27, 2013. (ECF No. 58). The dismissal resulted from petitioner’s
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election to return to state court to exhaust his state court remedies with respect to certain of his
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grounds for relief. Petitioner’s further state court proceedings have apparently concluded, petitioner
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has now returned to this Court seeking to reopen this case. (ECF No. 61). Petitioner has filed a
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second amended petition. (ECF No. 62). Good cause appearing, this action is reopened and the
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Court now sets a further briefing schedule for this action.
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IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action (ECF No.
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61) is GRANTED.
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IT IS FURTHER ORDERED that, as the stay is lifted by this order, the Clerk shall
REOPEN THE FILE in this action.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days following

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the date of entry of this order within which to answer, or otherwise respond to, the second amended

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petition (ECF No. 62).

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IT IS FURTHER ORDERED that petitioner shall have forty-five (45) days following

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service of the answer to FILE AND SERVE a reply brief. If a dispositive motion is filed in

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response to the second amended petition, the parties shall brief the motion in accordance with Local

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Rule 7-2.

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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of

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any further exhibits filed in this action to the Reno Division of this Court. Courtesy copies shall be

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mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of

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“Staff Attorney” on the outside of the mailing address label.

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Dated this 29th day of August, 2017.

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HOWARD D. McKIBBEN
UNITED STATES DISTRICT JUDGE

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