Martin v. Baca et al

Filing 34

ORDER Petitioner's # 32 Motion for relief from judgment is DENIED. FURTHER ORDERED that petitioner shall not seek further reconsideration of the court's # 13 Order denying motion for counsel. FURTHER ORDERED that petitioner's # 33 Motion to extend time is GRANTED : Petitioner shall file and serve his opposition to # 16 Motion by 3/25/2016. Signed by Judge Robert C. Jones on 1/25/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD W. MARTIN,

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Case No. 3:15-cv-00036-RCJ-WGC
Plaintiff,

ORDER

v.
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ISIDRO BACA, et al.,
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Defendants.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §

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2254, by a Nevada state prisoner. On November 9, 2015, this court denied petitioner

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Martin’s motion for reconsideration of its order denying appointment of counsel (ECF

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No. 31). Martin has now filed a motion for relief of judgment or order, that is, he is

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asking the court to reconsider—for the second time—the order denying appointment of

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counsel (ECF No. 32). Martin may not simply file serial motions for reconsideration of

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the order denying counsel. Moreover, Martin has not presented any new arguments or

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allegations that appointment of counsel is warranted here.

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IT IS THEREFORE ORDERED that petitioner’s motion for relief from judgment
(ECF No. 32) is DENIED.
IT IS FURTHER ORDERED that petitioner shall not seek further reconsideration

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of the court’s order dated July 27, 2015 denying petitioner’s motion for counsel (ECF

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No. 13).

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IT IS FURTHER ORDERED that petitioner’s motion to extend time to oppose

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respondents’ motion to dismiss (ECF No. 33) is GRANTED. Petitioner shall file and
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serve his opposition within sixty (60) days of the date of this order. The court notes
that, absent extraordinary circumstances, it is unlikely to grant further extensions of time
to oppose the motion to dismiss.

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DATED this 25th day of2016.
DATED: 8 January January, 2016.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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