Rodney v. Baker et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KYLE J. RODNEY,
Case No. 3:13-cv-00323-RCJ
WILLIAM GITTERE, et al.,
On March 1, 2019, the United States Court of Appeals for the Ninth Circuit issued an
opinion vacating this court’s final order denying habeas relief and remanding the case for
additional proceedings. Rodney v. Filson, 916 F.3d 1254 (9th Cir. 2019). The order denying relief
was vacated because the court of appeals determined this court erred by not conducting an
analysis of the substantiality of Rodney’s ineffective-assistance-of-counsel (IAC) claims
pursuant to Martinez v. Ryan, 566 U.S. 1 (2012). Id. at 1259-60. At the center of these IAC
claims are unresolved questions both as to the severity of injuries Rodney’s victim, Ralph
Monko, sustained as a result of Rodney’s criminal conduct and as to defense counsel’s
performance in relation the medical evidence presented (or not presented) at trial. Id. at 1258,
1261. Accordingly, the court of appeals suggested that this court further develop the record by
allowing discovery and, if necessary, holding an evidentiary hearing. Id. at 1262.
On September 22, 2020, this court entered an order allowing for the parties to conduct
discovery in accordance with the Ninth Circuit’s remand. ECF No. 73. The order further
provided that, at the conclusion of discovery, the court would entertain “briefing on the question
of cause and prejudice under Martinez and the underlying merits of the claims of ineffective
assistance of counsel.” Id. at 5. On July 8, 2021, the parties filed a joint status report stating that
“[d]iscovery is now complete, and the parties request that the Court set a briefing schedule on the
issue of cause and prejudice under Martinez and the merits of Mr. Rodney’s claims of ineffective
assistance.” ECF No. 77 at 2.
IT IS THEREFORE ORDERED that petitioner shall file, within 45 days of the date of
this order, 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.
DATED THIS 13th day of July, 2021.
UNITED STATES DISTRICT JUDGE
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