Aguilar v. Baker et al
ORDER granting ECF No. 66 Motion for Leave to File Notice of No Third Amended Petition; directing Respondents to file answer or other response re ECF No. 62 Second Amended Petition by 9/21/2016. Signed by Judge Miranda M. Du on 7/13/2016. (Copies have been distributed pursuant to the NEF - KR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GILBERT DEMETRIUS AGUILAR,
Case No. 3:12-cv-00397-MMD-WGC
RENEE BAKER, et al.,
This habeas corpus action was stayed from May 19, 2015 (ECF No. 60) to June
7, 2016, while the petitioner, Gilbert Demetrius Aguilar, exhausted certain of his claims
in state court. In the order lifting the stay (ECF No. 65), the Court set a schedule for
further proceedings in the case. The first provision of the scheduling order granted
Aguilar thirty (30) days ― to July 7, 2016 ― to either file a third amended petition for
writ of habeas corpus or a notice stating that he will not file a third amended petition.
See Order entered June 7, 2016 (ECF No. 65) at 1-2. Aguilar did not file either by July
On July 12, 2016, Aguilar filed a Motion for Leave to File Notice of No Third
Amended Petition (ECF No. 66). In that motion, Aguilar states that he will not file a third
Aguilar recognizes that the notice that he will not file a third amended petition
was filed five days after the deadline for such notice set by the Court. He states that this
was an oversight. The Court finds that Aguilar's late filing of the notice was a result of
excusable neglect. See LR 26-4. The Court will grant Aguilar's motion for leave to file
his notice. And, in view of the delay, the Court will, sua sponte, extend the time for
respondents to respond to Aguilar's second amended petition.
It is therefore ordered that petitioner's Motion for Leave to File Notice of No Third
Amended Petition (ECF No. 66) is granted. Petitioner's notice has been filed (ECF No.
66); no further action by the Clerk of the Court is necessary in that regard.
It is further ordered that respondents will have until and including September 21,
2016, to file an answer or other response to petitioner's second amended petition for
writ of habeas corpus (ECF No. 62). In all other respects, the schedule for further
proceedings set forth in the order entered June 7, 2016 (ECF No. 65) will remain in
DATED THIS 13TH day of July 2016.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?