Hughes v. Nevada Department Of Corrections et al

Filing 34

ORDERED that Rs have up to 4/26/2012 to file a copy of any motion that P filed in state court seeking transcripts from the May 4, 2006 hearing in case no.: 05C214506 or to file an affidavit that attests that they have been unable to locate any such motion. FURTHER ORD P has 14 days from the date that Rs file either a copy of the motion discussed above or an affidavit to file his response, if any. FURTHER ORD P's # 31 Motion for extension of time to respond to the motion to dismiss is DENIED as moot. Signed by Judge Edward C. Reed, Jr on 4/12/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MICHAEL RAY HUGHES,
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Petitioner,
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vs.
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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Respondents.
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3:11-cv-00355-ECR-WGC
ORDER

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Before the court is respondents’ motion to dismiss the petition for a writ of habeas corpus
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(ECF #23). Petitioner states in his petition that “a few weeks” after a state court hearing held on May
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4, 2006, he filed a motion to obtain transcripts, but that the state court never ruled on the motion (ECF
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#6 at 11). Respondents do not address this assertion in their motion to dismiss, nor is any such motion
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included in the record provided by respondents as an exhibit to the motion to dismiss.
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Respondents are therefore ordered to file a copy of any such motion to obtain transcripts
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filed by petitioner in state court or an affidavit attesting that no such motion exists, as applicable. If
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petitioner filed such a motion, respondents shall file a contemporaneous brief with this court explaining
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how that affects their argument that this federal habeas petition is time-barred.
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IT IS THEREFORE ORDERED that respondents have up to and including fourteen
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(14) days from the date of entry of this order to file a copy of any motion that petitioner filed in state
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court seeking transcripts from the May 4, 2006 hearing in case no.: 05C214506 or to file an affidavit

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that attests that they have been unable to locate any such motion.

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IT IS FURTHER ORDERED that petitioner has up to and including fourteen (14) days

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from the date that respondents file either a copy of the motion discussed above or an affidavit to file his

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response, if any.

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IT IS FURTHER ORDERED that petitioner’s motion for extension of time to respond
to the motion to dismiss (ECF #31) is DENIED as moot.

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Dated this 12th day of April, 2012.

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UNITED STATES DISTRICT JUDGE
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