Denver v. LeGrand et al

Filing 50

ORDER that counsel will manually file the exhibit required by ECF No. 47 in the Reno Clerk's Office by 12/21/2018 and send another identical disc to the staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 12/7/2018. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

OMAR RUEDA-DENVERS,

10

Case No. 3:13-cv-00309-MMD-WGC
Petitioner,

ORDER

v.
11
12

RENEE BAKER, et al.,

13

Respondents.

14
15

Following upon the Court’s prior record supplement order, a notice of manual filing

16

was made. However, the Clerk has made no additional notation reflecting that the actual

17

manual exhibit in fact was received from counsel. That is the procedure that is followed

18

by the Clerk when a manual exhibit in fact is received by the Clerk after the notice is filed.

19

Nor does the Clerk appear to have the manual exhibit. (See ECF Nos. 47–49.) Moreover,

20

the unofficial staff attorney courtesy copy was received but since has been damaged.

21

Counsel therefore will need to take all steps necessary to manually file the original exhibit

22

– in Reno – and to send another identical disc to the staff attorney in Las Vegas.

23

While counsel are going through the filing process again, counsel jointly should

24

confirm that the video on the disc manually filed in the federal record has the same clarity

25

as the state court video exhibit viewed by the jury at trial. Counsel should do so in

26

particular regarding what can be seen during the approximately 2:38 through 2:39 a.m.

27

timestamp interval when the Chevrolet Cobalt was parked beside the victim’s vehicle.

28

///

1
2
3
4
5

It therefore is ordered that, within fourteen days of entry of this order, counsel will
manually file the exhibit required by ECF No. 47 in the Reno Clerk’s Office.
It further is ordered that counsel will send another identical disc to the staff
attorneys in Las Vegas.
DATED THIS 7th day of December 2018.

6
________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2