Reberger v. State of Nevada et al

Filing 117

ORDER - The joint stipulation to alter or amend judgment (ECF No. 115 ) is denied. The deadline for commencement of Reberger's retrial is extended to April 26, 2021. Reberger's pro se Motion for Extension of Time (ECF No. 116 ) is stricken. Signed by Chief Judge Miranda M. Du on 11/16/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:13-cv-00071-MMD-CLB Document 117 Filed 11/16/20 Page 1 of 2

1
2
3

UNITED STATES DISTRICT COURT

4

DISTRICT OF NEVADA

5

***

6

LANCE REBERGER,

7
8
9

Case No. 3:13-cv-00071-MMD-CLB
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

10
11

On March 23, 2020, the Court granted relief on ground 1 of Lance Reberger’s 28

12

U.S.C. § 2254 petition for a writ of habeas corpus. (ECF No. 104.) The Court directed that

13

Reberger be released from custody within 60 days unless Respondents filed a written

14

notice of election to retry him, and the State thereafter, within 180 days, commenced

15

proceedings toward the retrial. (Id.)

16

Now before the Court is a joint stipulation to alter or amend the judgment. (ECF

17

No. 115.) What the parties actually seek, though, is an extension of the deadline for

18

commencement of the retrial to April 26, 2021. The order granting habeas relief

19

contemplates requests for reasonable modification of the time limits set forth in the order.

20

(See ECF No. 104.) Accordingly, the stipulation to alter or amend the judgment is denied.

21

But the deadline for commencement of retrial is extended to April 26, 2021.

22

Also before the Court is Reberger’s pro se motion for extension of time of the retrial

23

date. (ECF No. 116.) However, Reberger is represented by the Federal Public Defender

24

in this case, and a party who is represented by counsel cannot file pleadings or any other

25

documents pro se without first obtaining leave of the Court. See LR IA 11-6(a). The pro

26

se motion is thus a fugitive document, and will be stricken.

27
28

It is therefore ordered that the joint stipulation to alter or amend judgment (ECF
No. 115) is denied.

Case 3:13-cv-00071-MMD-CLB Document 117 Filed 11/16/20 Page 2 of 2

1
2
3
4
5

It is further ordered that the deadline for commencement of Reberger’s retrial is
extended to April 26, 2021.
It is further ordered that Reberger’s pro se motion for extension of time (ECF No.
116) is stricken.
DATED THIS 16th Day of November 2020.

6
7
MIRANDA M. DU, CHIEF JUDGE
UNITED STATES DISTRICT COURT

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2