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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GILBERT DEMETRIUS AGUILAR,

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Petitioner,

Case No. 3:12-cv-00397-MMD-WGC
ORDER

v.
RENEE BAKER, et al.,

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Respondents.

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This habeas corpus action was stayed from May 19, 2015 (ECF No. 60) to June

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7, 2016, while the petitioner, Gilbert Demetrius Aguilar, exhausted certain of his claims

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in state court. In the order lifting the stay (ECF No. 65), the Court set a schedule for

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further proceedings in the case. The first provision of the scheduling order granted

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Aguilar thirty (30) days ― to July 7, 2016 ― to either file a third amended petition for

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writ of habeas corpus or a notice stating that he will not file a third amended petition.

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See Order entered June 7, 2016 (ECF No. 65) at 1-2. Aguilar did not file either by July

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7, 2016.

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On July 12, 2016, Aguilar filed a Motion for Leave to File Notice of No Third

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Amended Petition (ECF No. 66). In that motion, Aguilar states that he will not file a third

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amended petition.

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Aguilar recognizes that the notice that he will not file a third amended petition

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was filed five days after the deadline for such notice set by the Court. He states that this

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was an oversight. The Court finds that Aguilar's late filing of the notice was a result of

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excusable neglect. See LR 26-4. The Court will grant Aguilar's motion for leave to file

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his notice. And, in view of the delay, the Court will, sua sponte, extend the time for

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respondents to respond to Aguilar's second amended petition.

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It is therefore ordered that petitioner's Motion for Leave to File Notice of No Third

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Amended Petition (ECF No. 66) is granted. Petitioner's notice has been filed (ECF No.

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66); no further action by the Clerk of the Court is necessary in that regard.

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It is further ordered that respondents will have until and including September 21,

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2016, to file an answer or other response to petitioner's second amended petition for

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writ of habeas corpus (ECF No. 62). In all other respects, the schedule for further

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proceedings set forth in the order entered June 7, 2016 (ECF No. 65) will remain in

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effect.

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DATED THIS 13TH day of July 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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