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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GUSTAVO CONTRERAS,

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Petitioner,
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vs.
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RENEE BAKER, et al.,
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Respondents.
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____________________________________/

3:14-cv-00435-LRH-WGC
ORDER

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On April 3, 2017, petitioner filed a motion to reopen this habeas corpus proceeding, which

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has been stayed to allow petitioner to exhaust state court remedies. ECF No. 32. Respondents have

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not filed a response to the motion.

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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

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court denied petitioner’s request for counsel at the outset of these proceedings. ECF No. 7.

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Petitioner has not set forth sufficient reasons for the court to reconsider that decision. Thus, the

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motion shall be denied.

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IT IS THEREFORE ORDERED that petitioner’s motion to reopen this habeas corpus

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proceeding (ECF No. 32) is GRANTED. The Clerk shall administratively REOPEN this action.

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The stay of this action is lifted.

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IT IS FURTHER ORDERED that the following schedule shall govern the further litigation
of this action:

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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).

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2. Reply and Response to Reply. Petitioner shall have 45 days following service of an
answer by respondents to file a reply.

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3. Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner

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shall have 30 days following service of the motion to file an opposition to the motion. Respondents

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shall thereafter have 30 days following service of the opposition to the motion to file and serve a

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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.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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