Chavez v. LaGrand et al

Filing 42

ORDER granting # 37 Motion to accept surreply : Respondents shall have until 6/1/2015 to file their response to petitioner's # 36 Surreply. Signed by Judge Miranda M. Du on 5/11/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES CHAVEZ,

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Case No. 3:13-cv-00548-MMD-WGC
Petitioner,

ORDER

v.
LAGRAND, WARDEN, et al.,

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Respondents.

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Pending before the Court is petitioner’s motion to accept surreply (dkt. no. 37),

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with which he asks the Court accept the surreply he filed on December 31, 2014 (dkt.

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No.36), in relation to respondents’ pending motion to dismiss (dkt. no. 26). The Court

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finds that, under the circumstances present in this case, the additional points and

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authorities raised in the proposed surreply, as well as a response from the respondents,

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will benefit the Court in its adjudication of the motion to dismiss.

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It is therefore ordered that petitioner’s motion (dkt. no. 37) is granted.

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It is further ordered that respondents shall have twenty (20) days from the date

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this order is entered within which to file their response to petitioner’s surreply (dkt. no.

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36). Upon the filing of respondents’ response, or the conclusion of time allowed for

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such, respondents’ motion to dismiss (dkt. no. 26) shall be deemed under submission

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for a decision by the Court.

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DATED THIS 11th day of May 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE