Dozier v. State of Nevada et al

Filing 23

ORDER GRANTING ECF No. 22 Motion to partially waive Local Rule IA 10-3(e). Signed by Judge Robert C. Jones on 7/18/2016. (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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ESAU DOZIER,

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Case No. 3:15-cv-00043-RCJ-WGC
Petitioner,

ORDER

v.
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NEVADA, STATE OF, et al.,
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Respondents.
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This counseled § 2254 habeas petition is before the court on petitioner Esau

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Dozier’s motion to partially waive Local Rule IA 10-3(e) (ECF No. 22). Dozier asks the

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court to waive, for purposes of this action, the provision in Local Rule IA 10-3(e) that

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requires the cover page of each filed exhibit to include a description of the exhibit. See

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LR IA 10-3(e). Dozier points out that Local Rule IA 1-4 provides that the court may

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waive any provision of the local rules, sua sponte or on a motion, if the interests of

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justice so require. See LR IA 1-4. Dozier’s attorney states that adding descriptors to

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the cover pages of exhibits, which in this case now total over 136 before any response

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by respondents, is unduly burdensome for the FPD. Id. Dozier’s attorney states that

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Dozier will still provide indexes of exhibits and exhibit cover sheets referencing each

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exhibit by letter. Id.

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In light of the number of exhibits in this habeas corpus action, the court finds that
there is good cause for the requested waiver, and will grant the waiver for all parties.
IT IS THEREFORE ORDERED that petitioner’s motion to partially waive Local
Rule IA 10-3(e) (ECF No. 22) is GRANTED.

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DATED: 18 July 2016.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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