Aguilar v. Baker et al

Filing 67

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 GILBERT DEMETRIUS AGUILAR, 10 11 12 Petitioner, Case No. 3:12-cv-00397-MMD-WGC ORDER v. RENEE BAKER, et al., 13 Respondents. 14 15 This habeas corpus action was stayed from May 19, 2015 (ECF No. 60) to June 16 7, 2016, while the petitioner, Gilbert Demetrius Aguilar, exhausted certain of his claims 17 in state court. In the order lifting the stay (ECF No. 65), the Court set a schedule for 18 further proceedings in the case. The first provision of the scheduling order granted 19 Aguilar thirty (30) days ― to July 7, 2016 ― to either file a third amended petition for 20 writ of habeas corpus or a notice stating that he will not file a third amended petition. 21 See Order entered June 7, 2016 (ECF No. 65) at 1-2. Aguilar did not file either by July 22 7, 2016. 23 On July 12, 2016, Aguilar filed a Motion for Leave to File Notice of No Third 24 Amended Petition (ECF No. 66). In that motion, Aguilar states that he will not file a third 25 amended petition. 26 Aguilar recognizes that the notice that he will not file a third amended petition 27 was filed five days after the deadline for such notice set by the Court. He states that this 28 was an oversight. The Court finds that Aguilar's late filing of the notice was a result of 1 excusable neglect. See LR 26-4. The Court will grant Aguilar's motion for leave to file 2 his notice. And, in view of the delay, the Court will, sua sponte, extend the time for 3 respondents to respond to Aguilar's second amended petition. 4 It is therefore ordered that petitioner's Motion for Leave to File Notice of No Third 5 Amended Petition (ECF No. 66) is granted. Petitioner's notice has been filed (ECF No. 6 66); no further action by the Clerk of the Court is necessary in that regard. 7 It is further ordered that respondents will have until and including September 21, 8 2016, to file an answer or other response to petitioner's second amended petition for 9 writ of habeas corpus (ECF No. 62). In all other respects, the schedule for further 10 proceedings set forth in the order entered June 7, 2016 (ECF No. 65) will remain in 11 effect. 12 13 DATED THIS 13TH day of July 2016. 14 15 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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