Reiger v. Nevens et al

Filing 66

ORDER directing Clerk to send Petitioner a copy of docket printout (mailed 9/29/2016); denying Petitioner's ECF No. 60 Motion for Copies of All Filed Pleadings at State Expense. Signed by Judge Miranda M. Du on 9/28/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT M. REIGER,

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Case No. 3:12-cv-00218-MMD-VPC
Petitioner,

ORDER

v.
DWIGHT NEVENS, et al.,
Respondents.
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2254, by a Nevada state prisoner.

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Petitioner has filed a motion for copies of all documents filed in this case. (ECF

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No. 60.) Respondents have opposed the motion (ECF No. 62) and petitioner has filed a

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reply (ECF No. 64). Petitioner states that, following a search of his housing unit by

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correctional staff, some of his litigation papers were “strewn about the bed area.”

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Petitioner further states that he located some of his legal papers in other areas of his

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housing unit. Petitioner claims that several documents are still missing. Petitioner seeks

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an order directing the Clerk of Court to “provide petitioner [with] copies of all documents

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filed in the federal court . . . paid for at state expense.” (ECF No. 60 at 1-3.)

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As respondents point out in their opposition, this matter has been fully briefed.

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Specifically, respondents have filed an answer to the remaining grounds of the petition.

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(ECF No. 55.) Petitioner has filed a reply to the answer. (ECF No. 59.) The parties are

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required to file nothing further until the Court issues an order resolving the merits of the

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petition. To the extent that petitioner claims that he may need documents for appellate

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purposes, it is uncertain at this point whether an appeal by petitioner will be necessary.

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If petitioner does seek copies of documents once this Court rules on the merits of the

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petition, he must specify which documents he needs. For petitioner’s future use, the

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Court will direct the Clerk of Court to send petitioner a copy of the CM/ECF docket

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printout in this case. At this time, the Court denies petitioner’s motion for copies of all

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documents filed in this case.

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It is therefore ordered that the Clerk of Court send petitioner a copy of the
CM/ECF docket printout in this case.

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It is further ordered that petitioner’s motion for a copy of all documents filed in

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this case at state expense (ECF No. 60) is denied, without prejudice to renewing his

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motion, if necessary, after the Court issues an order resolving the merits of the petition.

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DATED THIS 28th day of September 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE