Gallegos v. Baca et al

Filing 17

ORDERED that petitioner's motion for leave to file an amended petition (ECF No. 13 ) and respondents' motion to extend time to respond to the first- amended petition (ECF No. 15 ) are both DENIED as moot. IT IS FURTHER ORDERED that pe titioner shall file and serve his second-amended petition by 8/4/2016. IT IS FURTHER ORDERED that an answer or other responsive pleading and any subsequent response thereto by petitioner, shall be filed as set forth in the scheduling order dated December 18, 2015 (ECF No. 10 ). Signed by Judge Robert C. Jones on 5/6/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 FERNANDO GALLEGOS, 10 Case No. 3:15-cv-00254-RCJ-VPC Petitioner, ORDER v. 11 ISIDRO BACA, et al., 12 Respondents. 13 14 This habeas matter comes before the court on motions by both parties. The 15 court has reviewed the counseled amended petition (ECF No. 11) as well as the briefing 16 on the motion for leave to file an amended pleading (ECF No. 13). Exercising its 17 discretion to manage the docket, the court rules as follows: 18 IT IS ORDERED that petitioner’s motion for leave to file an amended petition 19 (ECF No. 13) and respondents’ motion to extend time to respond to the first-amended 20 petition (ECF No. 15) are both DENIED as moot. 21 22 23 IT IS FURTHER ORDERED that, within ninety (90) days of the date of this order, petitioner shall file and serve his second-amended petition. IT IS FURTHER ORDERED that an answer or other responsive pleading and 24 any subsequent response thereto by petitioner, shall be filed as set forth in the 25 scheduling order dated December 18, 2015 (ECF No. 10). 26 DATED: This April 2016. DATED: 29 6th day of May, 2016. 27 ROBERT C. JONES UNITED STATES DISTRICT JUDGE 28 1

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