Reberger v. State of Nevada et al

Filing 127

ORDER granting ECF No. 125 Motion to Extend Time for commencement of the retrial to January 25, 2022. Reberger's pro se motion (ECF No. 126 ) is stricken as a fugitive document. Signed by Chief Judge Miranda M. Du on 7/19/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:13-cv-00071-MMD-CLB Document 127 Filed 07/19/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LANCE REBERGER,

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

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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On March 23, 2020, this Court granted relief on Ground 1 of Lance Reberger’s 28

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

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

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

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proceedings towards the retrial. (Id. at 61.)

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Reberger, through counsel, has now filed an unopposed motion for an extension

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of the deadline for commencement of the retrial to January 25, 2022. (ECF No. 125.) The

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Court’s order granting habeas relief contemplated requests for reasonable modifications

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of the time limits set forth in that order. (ECF No. 104 at 61.) Based on this contemplation

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and Respondents’ lack of an objection, the motion to extend the deadline for

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commencement of the retrial to January 25, 2022, is granted.

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Reberger’s pro se, ex parte communication regarding the extension request is also

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before the Court. (ECF No. 126.) Reberger is represented by the Federal Public

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Defender, and as this Court has previously stated in this case, a party who is represented

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by counsel cannot file pleadings or any other documents pro se without leave of this

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Court. See LR IA 11-6(a). The pro se motion is a fugitive document and will be stricken.

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It is therefore ordered that Reberger’s motion to extend the deadline for
commencement of the retrial to January 25, 2022 (ECF No. 125) is granted.

Case 3:13-cv-00071-MMD-CLB Document 127 Filed 07/19/21 Page 2 of 2

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It is further ordered that Reberger’s pro se motion (ECF No. 126) shall be stricken
as a fugitive document.
DATED THIS 19th Day of July.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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