Olausen v. Baca et al

Filing 11

ORDER re 9 Motion for Reconsideration: Respondents' reply due within 20 days. Respondents are not required to further respond to the petition until so ordered by the Court. Signed by Judge Robert C. Jones on 6/25/2015. (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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JOHN STEVEN OLAUSEN,

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Petitioner,

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vs.

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3:15-cv-00127-RCJ-VPC

ISIDRO BACA, et al.,

ORDER
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Respondents.
_____________________________________/

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This action is a petition for writ of habeas corpus by Nevada prisoner John Steven Olausen.

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On June 1, 2015, the court screened the habeas petition, ordered the petition served on respondents,

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and ordered respondents to respond to the petition within 45 days (ECF No. 7).

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Respondents appeared in the action on June 5, 2015 (ECF No. 8).

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On June 16, 2015, respondents filed a motion entitled “Motion for Reconsideration of Order

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to Respond to Petitioner’s Eighth Successive Petition” (ECF No. 9). In that motion, respondents

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argue that Olausen’s petition in this case is successive and that he does not have permission from the

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court of appeals to file such a successive petition, as required by 28 U.S.C. § 2244(b)(3)(A), and

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that, therefore, the petition should be dismissed. Petitioner responded to the motion for

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reconsideration on June 25, 2015 (ECF No. 10).

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The court will sua sponte extend the time for respondents to file and serve a reply in support
of their motion.

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IT IS THEREFORE ORDERED that respondents shall have 20 days from the date of entry

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of this order to file and serve a reply in support of their “Motion for Reconsideration of Order to

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Respond to Petitioner’s Eighth Successive Petition” (ECF No. 9).

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IT IS FURTHER ORDERED that respondents will not be required to further respond to the
habeas corpus petition in this case, unless and until ordered by the court to do so.

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Dated this 25th day of June, 2015.
Dated this _____ day of June, 2015.

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UNITED STATES DISTRICT JUDGE

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