Sawyer v. Baker et al

Filing 37

ORDER that Petitioner's motion for leave to file second amended petition under seal ECF No. 23 is granted; public version of the second amended petition, with all confidential information redacted, due by 10/24/2018; Petitione r's motion for leave to conduct discovery and for court order to obtain documents and conduct depositions ECF No. 27 is granted; Petitioner's motion for an evidentiary hearing ECF No. 29 is denied without prejudice. Signed by Judge Miranda M. Du on 9/24/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AIRELL JOSHUA THOMAS SAWYER,

Case No. 3:16-cv-00627-MMD-WGC

Petitioner,

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ORDER

v.
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WARDEN BAKER, et al.,
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Respondents.
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Three motions are before the Court. First is Petitioner’s motion for leave to file

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second amended petition under seal (ECF No. 23). The Court is reluctant to have the

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operative pleading of this action under seal, but the Court accepts Petitioner’s

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representations that the petition contains information under seal in the state courts.

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Petitioner is willing to file a public version of the second amended petition with the sealed

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information redacted, and the Court will direct Petitioner to do that.

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Second is Petitioner’s motion for leave to conduct discovery and for court order to

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obtain documents and conduct depositions (ECF No. 27), Respondents’ opposition (ECF

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No. 34), and Petitioner’s reply. The Court finds that Petitioner has shown good cause to

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conduct the discovery. Respondents’ concerns about the admissibility of evidence gained

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from this discovery may be addressed later, when and if it becomes an issue.

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Third is Petitioner’s motion for an evidentiary hearing (ECF No. 29), Respondents’

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opposition (ECF No. 33), and Petitioner’s reply (ECF No. 36). The Court agrees with

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Respondents that the motion is premature. The Court will deny the motion without

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prejudice to renewing it at a later point in the proceedings.

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It is therefore ordered that Petitioner’s motion for leave to file second amended

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petition under seal (ECF No. 23) is granted. Petitioner must file a public version of the

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second amended petition, with all confidential information redacted, within thirty (30) days

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of entry of this order.

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It is further ordered that Petitioner’s motion for leave to conduct discovery and for

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court order to obtain documents and conduct depositions (ECF No. 27) is granted.

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Discovery must be completed within ninety (90) days from the date on which this order is

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entered. Petitioner will have thirty (30) days from the completion of discovery to file and

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serve any appropriate motion.

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It is further ordered that Petitioner’s motion for an evidentiary hearing (ECF No. 29)
is denied without prejudice.
DATED THIS 24th day of September 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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