Contreras v. Backer et al

Filing 35

ORDER granting ECF No. 32 Motion to Reopen Case, lifting stay; denying ECF No. 33 Motion to Appoint Counsel. Respondents' responses to ECF No. 3 Petition due within 60 days. Reply due within 45 days thereafter. Signed by Judge Larry R. Hicks on 4/25/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 GUSTAVO CONTRERAS, ) ) Petitioner, ) ) vs. ) ) RENEE BAKER, et al., ) ) Respondents. ) ____________________________________/ 3:14-cv-00435-LRH-WGC ORDER 14 15 On April 3, 2017, petitioner filed a motion to reopen this habeas corpus proceeding, which 16 has been stayed to allow petitioner to exhaust state court remedies. ECF No. 32. Respondents have 17 not filed a response to the motion. 18 19 20 Good cause appearing, the court shall reopen proceedings in this matter. In addition, the court shall establish a schedule for further litigation of this action. In addition, petitioner has filed a motion for the appointment of counsel. ECF No. 33. The 21 court denied petitioner’s request for counsel at the outset of these proceedings. ECF No. 7. 22 Petitioner has not set forth sufficient reasons for the court to reconsider that decision. Thus, the 23 motion shall be denied. 24 IT IS THEREFORE ORDERED that petitioner’s motion to reopen this habeas corpus 25 proceeding (ECF No. 32) is GRANTED. The Clerk shall administratively REOPEN this action. 26 The stay of this action is lifted. 1 2 IT IS FURTHER ORDERED that the following schedule shall govern the further litigation of this action: 3 4 1. Response to Petition. Respondents shall have 60 days from the entry of this order to file and serve an answer or other response to the petition (ECF No. 3). 5 6 2. Reply and Response to Reply. Petitioner shall have 45 days following service of an answer by respondents to file a reply. 7 3. Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner 8 shall have 30 days following service of the motion to file an opposition to the motion. Respondents 9 shall thereafter have 30 days following service of the opposition to the motion to file and serve a 10 11 12 13 reply. IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF No. 33) is DENIED. Dated this 25th day of April, 2017. 14 15 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

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