Byars v. Williams et al

Filing 24

ORDER - The stay of this action is vacated. The Clerk shallreopen this case. Answer to petition due by 4/17/2017. Reply due 60 days following service of answer; response to reply due 30 days thereafter. Signed by Judge Robert C. Jones on 2/16/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL DWAYNE BYARS,

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Petitioner,
3:15-cv-00388-RCJ-VPC

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vs.

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BRYAN WILLIAMS, SR., et al.,

ORDER
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Respondents.
_______________________________/

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This action is a pro se petition for writ of habeas corpus by Nevada prisoner Michael

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Dwayne Byars. The action was stayed, on March 4, 2016, pending Byars completion of state court

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litigation. See Order entered March 4, 2016 (ECF No. 18).

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On December 8, 2016, Byars filed a document entitled “Motion to Request ... an Extension

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of Time to File Federal Petition” (ECF No. 19). In that motion, Byars appeared to suggest that his

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state court litigation has been completed. On December 20, 2016, the court denied that motion, but

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directed respondents to file a status report with respect to the case (ECF No. 21).

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On January 18, 2017, respondents filed a status report (ECF No. 22), indicating that Byars

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has completed his state court litigation, and that it is appropriate to lift the stay in this case at this

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time. Therefore, the court will order the stay of this action lifted, and will set a schedule for further

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litigation of this action.

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It is therefore ordered that the stay of this action is vacated. The Clerk of the Court shall
reopen this case.

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It is further ordered that the following schedule shall govern the further litigation of this
action:

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1. Further Response to Petition. Respondents shall have 60 days following this order to file

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and serve an answer or other further response to the habeas corpus petition in this case. If petitioner

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does not file a third amended petition, respondents shall have 60 days following the due-date for the

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third amended petition to file and serve an answer or other response to petitioner's second amended

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petition.

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2. Reply and Response to Reply. Petitioner shall have 60 days following service of an

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answer to file and serve a reply. Respondents shall thereafter have 30 days following service of a

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reply to file and serve a response to the reply.

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3. Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner shall

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have 60 days following service of the motion to file and serve a response to the motion.

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Respondents shall thereafter have 30 days following service of the response to file and serve a reply.

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4. Discovery. If petitioner wishes to move for leave to conduct discovery, petitioner shall

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file and serve such motion concurrently with, but separate from, the response to respondents’ motion

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to dismiss or the reply to respondents’ answer. Any motion for leave to conduct discovery filed by

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petitioner before that time may be considered premature, and may be denied, without prejudice, on

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that basis. Respondents shall file and serve a response to any such motion concurrently with, but

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separate from, their reply in support of their motion to dismiss or their response to petitioner’s reply.

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Thereafter, petitioner shall have 30 days to file and serve a reply in support of the motion for leave

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to conduct discovery.

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5. Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing, petitioner

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shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, the

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response to respondents’ motion to dismiss or the reply to respondents’ answer. Any motion for an

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evidentiary hearing filed by petitioner before that time may be considered premature, and may be

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denied, without prejudice, on that basis. If petitioner files a motion for an evidentiary hearing,

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respondents shall file and serve a response to that motion concurrently with, but separate from, their

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reply in support of their motion to dismiss or their response to petitioner’s reply. Thereafter,

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petitioner shall have 30 days to file and serve a reply in support of the motion for an evidentiary

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hearing.

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Dated: This 16th day of February, 2017.
Dated this _____ day of ____________________________, 2017.

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UNITED STATES DISTRICT JUDGE
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