Yowell v. Baca et al

Filing 75

ORDER - Respondents must file and serve a response to the emergency motion for release (ECF No. 70 ) within 3 days of the date that this order is entered.Petitioner must file his reply, if any, within 5 days of the date that Respondents file their response.Petitioner's Motion for Leave to File Exhibits under Seal (ECF No. 73 ) is granted. Signed by Chief Judge Miranda M. Du on 4/13/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT STEVEN YOWELL,

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Case No. 3:15-cv-00318-MMD-WGC
Petitioner,

ORDER

v.
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ISIDRO BACA, et al.,

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Respondents.

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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 Nevada state prisoner Robert Steven Yowell. Yowell has filed an emergency

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motion for release pending a decision by this Court on his § 2254 petition due to the risk

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of infection by COVID-19. (ECF No. 70.) He explains that he is 65 years old and suffers

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from several serious medical issues—a heart condition, hypertension, diabetes, and

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possible lung conditions—that “put him in a high-risk category for negative outcomes if

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he contracts COVID-19.” (Id. at 21.) Yowell, therefore, seeks immediate release pending

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a final decision on the merits of his § 2254 petition. (Id. at 26.) In light of the emergent

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nature of the allegations, this Court finds good cause to order a quick response to the

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motion. Yowell also moves for leave to file various exhibits, including his medical records,

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under seal. (ECF No. 73.) This Court finds that there is good cause to grant the motion.

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It is therefore ordered that Respondents must file and serve a response to the

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emergency motion for release (ECF No. 70) within 3 days of the date that this order is

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entered.
It is further ordered that Petitioner must file his reply, if any, within 5 days of the

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date that Respondents file their response.

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///

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It is further ordered that Petitioner’s motion for leave to file exhibits under seal (ECF
No. 73) is granted.
DATED THIS 13th day of April 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT COURT

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