Jones v. Timothy Filson, et al.

Filing 41

ORDER - Petitioner is hereby directed to file a supplemental brief within forty-five days of the date of this order addressing why he is entitled to equitable tolling as specified herein. Response due 30 days from service of any supplemental brief; and reply due 30 days from service of any response. Signed by Judge Howard D. McKibben on 1/8/2018. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 16 17 18 19 JOHNNY LEE JONES III, ) ) Petitioner, ) ) v. ) ) TIMOTHY FILSON, et al., ) ) Respondents. ) ) _________________________________ ) 3:15-cv-00320-HDM-WGC ORDER 20 On December 1, 2017, the Ninth Circuit Court of Appeals reversed 21 this court’s order dismissing the petition in this case as untimely 22 and remanded for further proceedings on petitioner’s claim that he is 23 entitled to equitable tolling. 24 directed to file a supplemental brief within forty-five days of the 25 date of this order addressing why he is entitled to equitable tolling 26 based on (1) his use of certain medication from December 2005 through 27 January 2007, and (2) his trial counsel’s failure to file a direct 28 appeal. Accordingly, petitioner is hereby Respondents shall have thirty days from service of any supplemental brief within which to file a response, and petitioner 1 shall have thirty days from service of the response within which to 2 file any reply. 3 IT IS SO ORDERED. 4 DATED: This 8th day of January, 2018. 5 6 7 _________________________________ HOWARD D. MCKIBBEN UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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