Wright, Jr. v. LeGrand et al

Filing 60

ORDER - Petitioner's # 57 motion to reopen this action is granted. The stay is lifted by this order. The Clerk shall reopen the file in this action. The # 58 supplemental exhibits filed at are accepted as supplemental exhibits to the #[3 8] first amended petition. The Clerk shall link the # 58 supplemental exhibits to the # 38 first amended petition on the CM/ECF docket in this action. Answer/response to the # 38 first amended petition due by 11/19/2015. Reply to answer due 45 days following service of answer. Parties shall send courtesy (paper) copies of any further exhibits filed in this action to the "Staff Attorney", c/o Clerk, 400 S. Virginia St., Reno, NV, 89501. Signed by Judge Miranda M. Du on 10/5/2015. (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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***

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JAMES WRIGHT, JR.,

Case No. 3:12-cv-00286-MMD-VPC

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Petitioner,

ORDER

v.
ROBERT LEGRAND, et al.,

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Respondents.

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This action is a petition, filed through counsel, for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254.

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On July 10, 2014, this Court granted a stay and administratively closed

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petitioner’s federal habeas corpus action so that he could exhaust certain grounds in his

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amended petition. (Dkt. no. 55.)

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Petitioner’s further state-court proceedings have concluded, and petitioner has

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now returned to this Court seeking to reopen this case. (Dkt. no. 57.) Petitioner has filed

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

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amended petition. (Dkt. no. 58.) Petitioner asks that the supplemental exhibits be linked

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to his first amended petition at dkt. no. 38, as petitioner apparently wishes to proceed on

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the amended petition already on file with the Court. Good cause appearing, this action

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is reopened and the Court now sets a further briefing schedule.

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It is therefore ordered that petitioner’s motion to reopen this action (dkt. no. 57) 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.

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It is further ordered that the supplemental exhibits filed at dkt. no. 58 are

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accepted as supplemental exhibits to the first amended petition. (Dkt. no. 38.) The Clerk

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of Court shall link the supplemental exhibits (dkt. no. 58) to the first amended petition

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(dkt. no. 38) on 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 (dkt. no. 38).

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It is further ordered that petitioner will have forty-five (45) days following service

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of the answer to file and serve a reply brief. If a dispositive motion is filed in response to

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the first 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 any

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

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

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

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DATED THIS 5th day of October 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE