Miranda-Rivas v. Wickham et al

Filing 16

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JORGE MIRANDA-RIVAS,

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Case No. 3:16-cv-00663-MMD-VPC
Petitioner,

ORDER

v.
HAROLD WICKHAM, et al.,
Respondents.

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Before the Court are the amended petition for writ of habeas corpus (ECF No. 10),

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petitioner’s motion for leave to file a second amended petition (ECF No. 12), respondents’

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opposition (ECF No. 13), and petitioner’s reply (ECF No. 14). Petitioner notes correctly in

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his reply that the Court had the same issue before it in Toribio-Ruiz v. Baca, Case No.

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3:14-cv-00492-MMD-WGC. Petitioner quotes extensively from the Court’s order in that

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case, granting leave to file a second amended petition. (ECF No. 14, at 6-7.) The Court’s

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reasoning in Toribio-Ruiz applies with equal strength in this case.

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

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petition (ECF No. 12) is granted. Petitioner will have ninety (90) days from the date of

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entry of this order to file and serve a second amended petition for a writ of habeas corpus.

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DATED THIS 8th day of February 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE