Myers v. Baker et al

Filing 44

ORDER granting Petitioner's ECF No. 42 Motion to Partially Waive LR IA 10-3(e); granting Respondents' ECF No. 43 Motion to Extend Time re ECF No. 38 Amended Petition. Response due by 9/22/2016. Signed by Judge Miranda M. Du on 8/9/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSHUA CARY MYERS,

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Case No. 3:14-cv-00082-MMD-VPC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

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This is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
by a Nevada state prisoner represented by counsel.

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On June 24, 2016, through counsel, petitioner filed a first amended petition. (ECF

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No. 38). Petitioner concurrently filed 60 exhibits in support of the first amended petition.

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(ECF Nos. 39, 40, 41.) Petitioner also has filed a motion to partially waive Local Rule IA

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10-3(e), which requires the cover page of each exhibit to include a description of the

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exhibit. (ECF No. 42.) Local Rule IA 1-4 permits the Court to waive any of the local rules

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if the interests of justice so require. Petitioner argues that adding descriptors to the

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cover page of each exhibit is unduly burdensome give the large number of exhibits filed

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in this case, and given the limited resources of the Office of the Federal Public

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Defender. Petitioner has filed an index of exhibits to the first amended petition and each

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exhibit includes a cover sheet referencing the exhibit by number. The Court finds that

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the interests of justice are best served by partially waiving Local Rule IA 10-3(e), so that

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the cover page of each exhibit need not include a description of the exhibit.

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Respondents have filed a motion for an extension of time in which to file a

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response to the amended petition. (ECF No. 43). Respondents seek a 45-day

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enlargement of time, up to and including September 22, 2016, to file a response. Having

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reviewed the motion and good cause appearing, respondents’ motion is granted.

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It is therefore ordered that petitioner’s motion to partially waive Local Rule IA 103(e) (ECF No. 42) is granted.

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It is further ordered that respondents’ motion for an extension of time to file a

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response to the amended petition (ECF No. 43) is granted. The response must be filed

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on or before September 22, 2016.

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DATED THIS 9th day of August 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE