Williams v. Gentry et al

Filing 17

ORDER that respondent have until 12/06/2017 to respond to ECF No. 16 Motion for Production of Documents; thereafter petitioner will have 20 days to file a reply; petitioner's response to respondents' motion to dismiss ECF No. 9 is suspended. Signed by Judge Howard D. McKibben on 11/16/2017. (Copies have been distributed pursuant to the NEF - KW)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 NATHAN WILLIAMS, 10 Petitioner, 11 vs. 12 3:17-cv-00365-HDM-WGC JOE GENTRY, et al., ORDER 13 14 Respondents. _______________________________/ 15 16 In this habeas corpus action, brought pro se, pursuant to 28 U.S.C. § 2254, by 17 Nathan Williams, a Nevada prisoner, the reespondents filed a motion to dismiss on October 3, 2017 18 (ECF No. 9). Respondents filed exhibits in support of the motion to dismiss (ECF Nos. 10, 11 and 19 12). Williams’ response to the motion to dismiss is due on December 4, 2017. See Order entered 20 August 1, 2017 (ECF No. 5); Order entered October 12, 2017 (ECF No. 13). 21 On October 26, 2017, Williams filed a request that the Clerk of the Court send him copies of 22 certain exhibits -- an Exhibit 94, and two others, apparently -- that he felt respondents had failed to 23 serve upon him (ECF No. 14). The Court denied that request on October 30, 2017 (ECF No. 15), 24 determining that, as no such exhibits had been filed by respondents, there had been no failure to 25 serve such exhibits on Williams. 26 1 On November 15, 2017, Williams filed a Motion for Production of Documents (ECF No. 16), 2 again concerning the exhibits that he believes he is missing. In this motion, Williams requests that 3 respondents be ordered to produce the following three documents: 4 - “Exhibit 94; Petition for Writ of Habeas Corpus (Post-Conviction), filed 8/16/16, Nevada Supreme Court, Case No. 71033;” - “Order Denying Petition, Filed 10/13/16, Nevada Supreme Court, Case No. 71033 (Exhibit 95);” and - “Exhibit 96; Notice in Lieu of Remittitur, Filed 11/07/16, Nevada Supreme Court Case No. 71033.” 5 6 7 8 9 Motion for Production of Documents (ECF No. 16), p. 1. 10 The Court will require respondents to respond to Williams’ motion for production of 11 documents, and will suspend Williams’ response to the motion to dismiss pending resolution of that 12 motion. 13 IT IS THEREFORE ORDERED that respondents shall, within 20 days from the date of 14 this order, respond to petitioner’s Motion for Production of Documents (ECF No. 16). Thereafter, 15 petitioner will have 20 days to file a reply. 16 IT IS FURTHER ORDERED that petitioner’s response to respondents’ motion to dismiss 17 (ECF No. 9) is suspended. The Court will set a new deadline for petitioner’s response to that motion 18 after the motion for production of documents is resolved. 19 Dated this 16th day of November, 2017. 20 21 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 2

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?