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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JORGE MIRANDA-RIVAS, 10 11 12 13 Case No. 3:16-cv-00663-MMD-VPC Petitioner, ORDER v. HAROLD WICKHAM, et al., Respondents. 14 Before the Court are the amended petition for writ of habeas corpus (ECF No. 10), 15 petitioner’s motion for leave to file a second amended petition (ECF No. 12), respondents’ 16 opposition (ECF No. 13), and petitioner’s reply (ECF No. 14). Petitioner notes correctly in 17 his reply that the Court had the same issue before it in Toribio-Ruiz v. Baca, Case No. 18 3:14-cv-00492-MMD-WGC. Petitioner quotes extensively from the Court’s order in that 19 case, granting leave to file a second amended petition. (ECF No. 14, at 6-7.) The Court’s 20 reasoning in Toribio-Ruiz applies with equal strength in this case. 21 It is therefore ordered that petitioner’s motion for leave to file a second amended 22 petition (ECF No. 12) is granted. Petitioner will have ninety (90) days from the date of 23 entry of this order to file and serve a second amended petition for a writ of habeas corpus. 24 DATED THIS 8th day of February 2017. 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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