M'wanza v. Baker et al

Filing 24

ORDER granting 21 Motion to Extend Time to Answer Remaining Claims re 4 Petition and denying 23 Motion for Finality of Determination. Answer due within 30 days. Reply due 30 days thereafter. Signed by Judge Larry R. Hicks on 11/3/15. (Copies have been distributed pursuant to the NEF - JC)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 9 10 11 TACUMA J. M’WANZA, Case No. 3:14-cv-00096-LRH-VPC Plaintiff, ORDER v. RENEE BAKER, et al., 12 Defendants. 13 14 This is a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 15 On August 17, 2015, the court granted respondents’ motion to dismiss in part and 16 denied it in part (ECF No. 17). Petitioner M’Wanza filed a notice of appeal (ECF No. 17 18). On October 22, 2015, the court of appeals dismissed the appeal for lack of 18 jurisdiction (ECF No. 22). 19 M’Wanza has now filed a motion for finality of determination (ECF No. 23), in 20 which he complains that respondents have failed thus far to file an answer to his 21 remaining claims as directed by this court (see ECF No. 17). The court advises 22 petitioner that he has caused this delay by filing an improper appeal. In any event, 23 respondents shall now file and serve their answer to the remaining claims within thirty 24 (30) days of the date of this order. 25 26 IT IS THEREFORE ORDERED that petitioner’s motion for finality of determination (ECF No. 23) is DENIED. 27 28 1 1 IT IS FURTHER ORDERED that respondents’ motion to extend time to answer 2 the remaining claims (ECF No. 21) is GRANTED. Respondents shall file their answer 3 within thirty (30) days of the date of this order. Petitioner shall then have thirty (30) 4 days to file his reply, if any. 5 6 DATED this 3rd day of November, 2015. 7 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?