Hulsey v. Byrne

Filing 25

ORDER granting Respondents' ECF No. 21 Motion for Waiver of Compliance with LR IA 10-3; granting nunc pro tunc Respondents' ECF No. 11 Motion to Extend Time. Signed by Judge Robert C. Jones on 10/19/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RONALD HULSEY,

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Case No. 3:16-cv-00069-RCJ-WGC
Petitioner,

ORDER

v.
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QUENTIN BYRNE, et al.,
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Respondents.
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This counseled § 2254 habeas petition is before the court on respondents’

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motion to partially waive Local Rule IA 10-3(e) and 10-3(i) (ECF No. 21). Respondents

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ask the court to waive, for purposes of this action, the provision in Local Rule IA 10-3(e)

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that requires the cover page of each filed exhibit to include a description of the exhibit.

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See LR IA 10-3(e); see also LR IA 10-3(i). Respondents point out that Local Rule IA 1-

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4 provides that the court may waive any provision of the local rules, sua sponte or on a

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motion, if the interests of justice so require. See LR IA 1-4. Respondents state that

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adding descriptors to the cover pages of exhibits, which in this case now total 112, is

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unduly burdensome (ECF No. 30). Respondents state that they will still provide indexes

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of exhibits and exhibit cover sheets referencing each exhibit by letter. Id.

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In light of the number of exhibits in this habeas corpus action, the court finds that
there is good cause for the requested waiver, and will grant the waiver for all parties.
IT IS THEREFORE ORDERED that respondents’ motion to partially waive Local
Rule IA 10-3(e) and 10-3(i) (ECF No. 21) is GRANTED.
IT IS FURTHER ORDERED that respondents’ motion for extension of time to file
a response to the petition (ECF No. 11) is GRANTED nunc pro tunc.

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DATED: 19 October 2016.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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