Cardenas-Ornelas v. Baker et al

Filing 72

ORDER - By February 19, 2021, counsel David Neidert must file: (1) a motion seeking leave to file an untimely reply; or (2) a notice stating that a reply was not warranted. Signed by Chief Judge Miranda M. Du on 2/4/2021. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LUIS CARDENAS-ORNELAS,

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Petitioner,

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ORDER

v.
RENEE BAKER, et al.,
Respondents.

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Case No. 3:17-cv-00461-MMD-CLB

This habeas matter is before the court on Petitioner Luis Cardenas-Ornelas’s
Letters re: Inability to Contact Counsel. (ECF Nos. 70, 71.)

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The Court appointed David Neidert, Esq. to represent Cardenas-Ornelas in

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December 2017. (ECF No. 10.) Since then, Cardenas-Ornelas has filed at least eight pro

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se letters/motions stating that he could not get in touch with Neidert despite letters and

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phone calls or had not received copies of filings. (ECF Nos. 25, 27, 31, 50, 57, 58, 70, 71.)

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The Court twice ordered Neidert to respond to Cardenas-Ornelas’s letters regarding

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communications and receiving copies. (ECF Nos. 28, 59.) Neidert responded accordingly.

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(ECF Nos. 32, 60.) The Court was satisfied with Neidert’s responses and found no

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indication of a conflict between Neidert and Cardenas-Ornelas or that Neidert was unable

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to adequately represent Cardenas-Ornelas. (See, e.g., ECF No. 33.)

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On October 8, 2020, Respondents filed an answer (ECF No. 69) to Cardenas-

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Ornelas’s Amended Petition (ECF No. 11). Accordingly, any reply was due by November

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9, 2020.1 (See ECF No. 56.) No reply was filed, and the deadline expired without request

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for extension.

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1Under

Rule 5(e) of the Rules Governing Section 2254 Cases in the United States
District Courts, a “petitioner may file a reply to the respondent’s answer,” but it is not
required.

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In his most recent letters (ECF Nos. 70, 71), Cardenas-Ornelas contends that he

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has not heard from Neidert since July 2020, despite mailing him multiple letters. Cardenas-

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Ornelas further represents that prison restrictions have prevented him from calling Neidert

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during business hours, Monday through Friday.

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Cardenas-Ornelas is informed that the briefing period in this case has closed,

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meaning that no additional filings are required. The Court will evaluate the merits of

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Cardenas-Ornelas’s Amended Petition (ECF No. 11) in due course. Given the Court’s

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heavy case load and the delays caused by the COVID-19 pandemic, a written decision

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may take several months. Nevertheless, the Court will direct Neidert to move for leave to

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file an untimely reply or file a notice stating that a reply was not warranted within 14 days.

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It is therefore ordered that, by February 19, 2021, counsel David Neidert must file:

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(1) a motion seeking leave to file an untimely reply; or (2) a notice stating that a reply was

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not warranted.

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DATED THIS 4th Day of February 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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