Engle vs. State of Nevada et al
Filing
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ORDER - It is therefore ordered that Engle's motion for leave to file a second amended petition for writ of habeas corpus (ECF No. 15 ) is granted. Engle has until December 20, 2024, to file his second amended habeas petition. Signed by Judge Miranda M. Du on 10/23/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - DLS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RONALD TJ ENGLE,
v.
Case No. 3:24-cv-00257-MMD-CSD
Petitioner,
ORDER
STATE OF NEVADA, et al.,
Respondents.
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Petitioner Ronald Engle, a pro se Nevada prisoner, commenced this habeas action
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by filing a petition for writ of habeas corpus. (ECF No. 5 (“Petition”).) Before the Court is
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Engle’s motion for leave to file a second amended petition. (ECF No. 15 (“Motion”).)
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Respondents filed a non-opposition to Engle’s Motion. (ECF No. 16.)
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Following appointment of counsel, the Court issued a scheduling order instructing
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Engle to file a first amended petition no later than November 25, 2024. (ECF No. 12.)
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Engle, however, provides that he tentatively calculated that the federal statute of
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limitations under 28 U.S.C. § 2244(d) and the limitations period expired on September 3,
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2024. (ECF No. 15 at 2.) As a result, Engle filed his first amended petition on September
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3, 2024, as a protective petition and requests that the Court grant him leave to file a
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second amended petition so that he has a reasonable opportunity to file an amended
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petition that reflects his counsel’s thorough review, research, and investigation into this
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case. (ECF No. 13.) Engle further requests that the Court waive the requirement of LR
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15-1(a), which generally requires a party to attach the proposed amended pleading to a
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motion seeking leave of court to amend, explaining that the rule is ill-suited for this
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situation.
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The Court finds that there is good cause for Engle to file a second amended
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habeas petition, so the Court grants the Motion and waives the requirements of LR 15-
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1(a). This order does not, however, affect, in any manner, the operation of the statute of
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limitations in this case, and the Court does not intend this order to convey any opinion
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whatsoever about when the limitations period expires (or expired).
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It is therefore ordered that Engle’s motion for leave to file a second amended
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petition for writ of habeas corpus (ECF No. 15) is granted. Engle has until December 20,
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2024, to file his second amended habeas petition. In all other respects, the schedule for
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further proceedings set forth in the order entered on August 27, 2024, will remain in effect.
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DATED THIS 23rd Day of October 2024.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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