Rodney v. Baker et al

Filing 78

ORDER - Petitioner shall file, within 45 days of the date of this order (8/27/2021), an opening brief in support of his claim that his procedural defaults should be excused under Martinez and that he is entitled to habeas relief on his remaining claims of ineffective assistance of counsel. Respondents shall have 45 days from the date petitioner's brief is filed to file a responsive brief. Petitioner shall thereafter have 30 days to file a reply brief. Signed by Judge Robert C. Jones on 7/13/2021. (Copies have been distributed pursuant to the NEF - SC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KYLE J. RODNEY,

Case No. 3:13-cv-00323-RCJ
Petitioner,

v.

ORDER

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WILLIAM GITTERE, et al.,
Respondents.

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On March 1, 2019, the United States Court of Appeals for the Ninth Circuit issued an

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opinion vacating this court’s final order denying habeas relief and remanding the case for

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additional proceedings. Rodney v. Filson, 916 F.3d 1254 (9th Cir. 2019). The order denying relief

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was vacated because the court of appeals determined this court erred by not conducting an

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analysis of the substantiality of Rodney’s ineffective-assistance-of-counsel (IAC) claims

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pursuant to Martinez v. Ryan, 566 U.S. 1 (2012). Id. at 1259-60. At the center of these IAC

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claims are unresolved questions both as to the severity of injuries Rodney’s victim, Ralph

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Monko, sustained as a result of Rodney’s criminal conduct and as to defense counsel’s

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performance in relation the medical evidence presented (or not presented) at trial. Id. at 1258,

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1261. Accordingly, the court of appeals suggested that this court further develop the record by

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allowing discovery and, if necessary, holding an evidentiary hearing. Id. at 1262.

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On September 22, 2020, this court entered an order allowing for the parties to conduct

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discovery in accordance with the Ninth Circuit’s remand. ECF No. 73. The order further

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provided that, at the conclusion of discovery, the court would entertain “briefing on the question

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of cause and prejudice under Martinez and the underlying merits of the claims of ineffective

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assistance of counsel.” Id. at 5. On July 8, 2021, the parties filed a joint status report stating that

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“[d]iscovery is now complete, and the parties request that the Court set a briefing schedule on the

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issue of cause and prejudice under Martinez and the merits of Mr. Rodney’s claims of ineffective

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assistance.” ECF No. 77 at 2.

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IT IS THEREFORE ORDERED that petitioner shall file, within 45 days of the date of

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this order, an opening brief in support of his claim that his procedural defaults should be excused

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under Martinez and that he is entitled to habeas relief on his remaining claims of ineffective

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assistance of counsel. Respondents shall have 45 days from the date petitioner’s brief is filed to

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file a responsive brief. Petitioner shall thereafter have 30 days to file a reply brief.

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DATED THIS 13th day of July, 2021.

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UNITED STATES DISTRICT JUDGE

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