Jones v. Timothy Filson, et al.

Filing 44

ORDER that petitioner shall file a supplemental brief in response to the court's order of January 8, 2018 by 5/29/2018; failure to do so may result in the dismissal of this action with prejudice. Signed by Judge Howard D. McKibben on 5/14/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHNNY LEE JONES III,

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Petitioner,
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v.
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TIMOTHY FILSON, et al.,
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Respondents.
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_________________________________ )
On

January

8,

2018,

the

court

3:15-cv-00320-HDM-WGC
ORDER

entered

an

order

directing

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petitioner to file a supplemental brief addressing why he is entitled

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to equitable tolling based on (1) his use of certain medication from

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December 2005 through January 2007, and (2) his trial counsel’s

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failure to file a direct appeal. (ECF No. 41).

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the court granted petitioner an extension of time to file his

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supplemental brief, to and including March 26, 2018. As of this date,

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petitioner has not filed any supplemental brief or request for

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extension of time to do so.

On February 28, 2018,

Accordingly, IT IS HEREBY ORDERED that petitioner shall file a

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supplemental brief in response to the court’s order of January 8,

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2018, within fifteen (15) days of the date of this order.

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do so may result in the dismissal of this action with prejudice.

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IT IS SO ORDERED.

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Failure to

DATED: This 14th day of May, 2018.

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_________________________________
HOWARD D. MCKIBBEN
UNITED STATES DISTRICT JUDGE

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