Moore v. Legrand et al

Filing 29

ORDER granting 27 Motion for Leave to File Amended Petition (amended petition due within 30 days); denying 22 Motion to Dismiss; and granting 27 Motion to Accept Late Filing. Please see attached for further details/deadlines. Signed by Judge Larry R. Hicks on 2/3/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DEVELL MOORE,

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Case No. 3:13-cv-00390-LRH-WGC
Plaintiff,

ORDER

v.
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LEGRAND, et al.,
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Defendants.
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This counseled habeas matter under 28 U.S.C. § 2254 comes before the court

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on respondents’ motion to dismiss (ECF No. 22) as well as on petitioner Devell Moore’s

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request for leave to file a third amended petition (ECF No. 26).

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Moore’s counsel requests leave to file a third amended petition, explaining that

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he now believes that he should reduce the allegations in ground 3 to the few specific

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instances of ineffective assistance of counsel that are set forth in Moore’s pro se original

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and first amended petitions. Id. at 4. Having reviewed the timeline of filings in the

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federal docket, and mindful that Moore is serving three consecutive thirty-five years to

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life sentences, the court shall grant the request to file a third amended petition. The

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court makes no decision at this juncture as to any timeliness or relation back issues.

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Respondents’ motion to dismiss shall therefore be dismissed without prejudice to renew

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the motion after Moore files a third amended petition.

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IT IS THEREFORE ORDERED that petitioner’s request for leave to file a third

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amended petition (ECF No. 26) is GRANTED. Petitioner shall file his third amended

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petition within thirty (30) days of the date of this order.
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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days
after service of the third amended petition within which to answer, or otherwise respond
to, the amended petition.
IT IS FURTHER ORDERED that petitioner shall have thirty (30) days after
service of the answer or responsive pleading to file and serve his response.
IT IS FURTHER ORDERED that respondents’ motion to dismiss (ECF No. 22) is
DENIED without prejudice.
IT IS FURTHER ORDERED that petitioner’s motion to accept late filing (ECF No.
27) is GRANTED.

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DATED this 3rd day of February, 2016.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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