Miranda-Rivas v. Wickham et al
ORDER granting ECF No. 12 Motion for leave to file : Second Amended Petition due by 5/10/2017. Signed by Judge Miranda M. Du on 2/8/2017. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00663-MMD-VPC
HAROLD WICKHAM, et al.,
Before the Court are the amended petition for writ of habeas corpus (ECF No. 10),
petitioner’s motion for leave to file a second amended petition (ECF No. 12), respondents’
opposition (ECF No. 13), and petitioner’s reply (ECF No. 14). Petitioner notes correctly in
his reply that the Court had the same issue before it in Toribio-Ruiz v. Baca, Case No.
3:14-cv-00492-MMD-WGC. Petitioner quotes extensively from the Court’s order in that
case, granting leave to file a second amended petition. (ECF No. 14, at 6-7.) The Court’s
reasoning in Toribio-Ruiz applies with equal strength in this case.
It is therefore ordered that petitioner’s motion for leave to file a second amended
petition (ECF No. 12) is granted. Petitioner will have ninety (90) days from the date of
entry of this order to file and serve a second amended petition for a writ of habeas corpus.
DATED THIS 8th day of February 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?