Orth v. Warden, HDSP et al

Filing 27

ORDER granting nunc pro tunc Respondents' ECF No. 25 Motion to Extend Time - Within 15 days Respondents to file certificate of service indicating Petitioner was served with motion and supporting exhibits; granting Petitioner's ECF No. 26 Motion for Extension of Time re ECF No. 16 Motion to Dismiss - Response due by 7/1/2016. Signed by Judge Miranda M. Du on 6/8/2016. (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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***

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SEAN RODNEY ORTH,

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Case No. 3:15-cv-00131-MMD-VPC
Petitioner,

ORDER

v.
WARDEN, HDSP, et al.,
Respondents.
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 by a Nevada state prisoner.

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On April 28, 2016, respondents filed a motion to dismiss and exhibits in support

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of the same. (ECF Nos. 16-21.) Respondents have filed a motion explaining that the

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pending motion to dismiss and exhibits, which were sent to petitioner, were rejected by

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High Desert State Prison. Respondents seek an extension of time in which to send

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petitioner another copy of the pending motion to dismiss and exhibits. (ECF No. 25.)

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Respondents state that the motion and exhibits will be served on petitioner on May 23,

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2016. Good cause appearing, the motion for an extension is granted, nunc pro tunc.

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Petitioner has filed a motion seeking an extension of time in which to respond to

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the pending motion to dismiss, given the delay in his receipt of the motion and exhibits.

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(ECF No. 26.) Good cause appearing, petitioner’s motion is granted.

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It is therefore ordered that respondents’ motion for an extension of time to serve

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petitioner with the pending motion to dismiss and supporting exhibits (ECF No. 25), is

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granted, nunc pro nunc. Within fifteen (15) days from the entry of this order,

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respondents shall file a certificate of service indicating that petitioner was served with

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the motion to dismiss and supporting exhibits.

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It is further ordered that petitioner’s motion for an extension to file a response to

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the motion to dismiss (ECF No. 26) is granted. Petitioner’s response shall be filed on or

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before July 1, 2016.

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DATED THIS 8th day of June 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE