Castillo v. Legrand et al

Filing 55

ORDER that petitioner' s motion to partially waive Local Rule IA 10-3(e) ECF No. 51 is GRANTED; petitioner's motion to file exhibit under sealECF No. 49 is GRANTED; respondents' motion for extension of time to file a response to the petition ECF No. 52 IS GRANTED nunc pro tunc. Signed by Judge Larry R. Hicks on 10/13/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GERARDO CASTILLO,

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Case No. 3:13-cv-00704-LRH-VPC
Petitioner, ORDER

v.
LEGRAND, et al.,
Respondents.

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Gerardo Castillo’s counseled petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254 is before the court on Castillo’s motion to partially waive Local Rule IA

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10-3(e) (ECF No. 51). Castillo asks the court to waive, for purposes of this action, the

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provision in Local Rule IA 10-3(e) that requires the cover page of each filed exhibit to

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include a description of the exhibit. See LR IA 10-3(e); see also LR IA 10-3(i). Castillo

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points out that Local Rule IA 1-4 provides that the court may waive any provision of the

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local rules, sua sponte or on a motion, if the interests of justice so require. See LR IA 1-

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4. Castillo states that adding descriptors to the cover pages of exhibits, which in this

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case now total almost 100, is unduly burdensome (ECF No. 51). Castillo states that he

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will still provide indexes of exhibits and exhibit cover sheets referencing each exhibit by

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number. Id.

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In light of the number of exhibits in this habeas corpus action, the court finds that
there is good cause for the requested waiver, and will grant the waiver for all parties.
The court further finds that there is good cause to grant petitioner’s motion to file
his presentence report under seal (ECF No. 49).
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IT IS THEREFORE ORDERED that petitioner’s motion to partially waive Local
Rule IA 10-3(e) (ECF No. 51) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion to file exhibit under seal
(ECF No. 49) is GRANTED.
IT IS FURTHER ORDERED that respondents’ motion for extension of time to file
a response to the petition (ECF No. 52) IS GRANTED nunc pro tunc.

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DATED this 13th day of October, 2017.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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