O'Neill v. Baker et al

Filing 66

ORDER granting ECF No. 63 Petitioner's Motion to Reopen Case. Clerk is directed to reopen the action and lift stay; Supplemental Exhibits ECF No. 64 are accepted as exhibit to the First Amended Petition ECF No. 13 ; Clerk direct ed to link the supplemental exhibits to Amended Petition on CM/ECF docket; Respondents' answer or response to the First Amended Petition ECF No. 13 due by 2/4/2017; Petitioner will have 45 days following service of the response to file a response.IT IS FURTHER ORDERED that the parties must send courtesy copies of all exhibits to the Reno Division, Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of "Staff Attorney"; in the future, the parties must provide courtesy copies of any additional exhibits submitted to the Court, in the manner described in the order. Signed by Judge Miranda M. Du on 12/21/2016. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHRISTOPHER O’NEILL,

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Case No. 3:11-cv-00901-MMD-VPC
Petitioner,

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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On June 19, 2015, this Court granted a stay and administratively closed petitioner

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Christopher O’Neill’s federal habeas corpus action while he litigated his state petition.

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(ECF No. 62.)

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O’Neill’s further state-court proceedings have concluded, and he has now returned

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to this Court, through counsel, seeking to reopen this case. (ECF No. 63.) Petitioner has

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filed supplemental exhibits in support of the motion to reopen the case and in support of

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his first-amended petition. (ECF No. 64.) Petitioner asks that the supplemental exhibits

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be linked to his first-amended petition at ECF No. 13. Respondents have not opposed nor

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responded to the motion in any way. Good cause appearing, this action is reopened, and

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the Court now sets a further briefing schedule.

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It is therefore ordered that petitioner’s motion to reopen this action (ECF No. 63)
is granted.
It is further ordered that, as the stay is lifted by this order, the Clerk will reopen the
file in this action.

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It is further ordered that the supplemental exhibits filed at ECF No. 64 are accepted

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as supplemental exhibits to the first-amended petition. (ECF No. 13.) The Clerk of Court

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will link the supplemental exhibits (ECF No. 64) to the amended petition (ECF No. 13) on

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the CM/ECF docket in this action.

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It is further ordered that respondents will have forty-five (45) days following the

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date of entry of this order within which to answer, or otherwise respond to, the first-

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amended petition (ECF No. 13).

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It is further ordered that petitioner will have forty-five (45) days following service of
the response to file and serve petitioner’s response.

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It is further ordered that the parties must send courtesy copies of all exhibits to the

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Reno Division of this court. Courtesy copies must be mailed to the Clerk of Court, 400 S.

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Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the

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outside of the mailing address label. Additionally, in the future, all parties must provide

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courtesy copies of any additional exhibits submitted to the Court in this case, in the

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manner described above.

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DATED THIS 21st day of December 2016.
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MIRANDA DU
UNITED STATES DISTRICT JUDGE

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