DIXON v. WILLIAMS, 2:09-cv-00066-APG-PAL. (2015)
Court: District Court, D. Nevada
Number: infdco20150716b58
Visitors: 11
Filed: Jul. 15, 2015
Latest Update: Jul. 15, 2015
Summary: ORDER ANDREW P. GORDON , District Judge . This closed action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254, by Frederic K. Dixon (a.k.a. Fredric K. Dixon 1 ), a Nevada state prisoner. On July 15, 2014, this Court conditionally granted the petition for writ of habeas corpus as to petitioner's seconddegree murder conviction. (Dkt. #62). The order specified that "petitioner shall be released from custody as to that conviction within sixty (60) days unless the Sta
Summary: ORDER ANDREW P. GORDON , District Judge . This closed action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254, by Frederic K. Dixon (a.k.a. Fredric K. Dixon 1 ), a Nevada state prisoner. On July 15, 2014, this Court conditionally granted the petition for writ of habeas corpus as to petitioner's seconddegree murder conviction. (Dkt. #62). The order specified that "petitioner shall be released from custody as to that conviction within sixty (60) days unless the Stat..
More
ORDER
ANDREW P. GORDON, District Judge.
This closed action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by Frederic K. Dixon (a.k.a. Fredric K. Dixon1), a Nevada state prisoner. On July 15, 2014, this Court conditionally granted the petition for writ of habeas corpus as to petitioner's seconddegree murder conviction. (Dkt. #62). The order specified that "petitioner shall be released from custody as to that conviction within sixty (60) days unless the State files in this matter a written notice of election to retry petitioner within the sixty day period and thereafter initiates retrial within one-hundred-twenty (120) days following the filing of the notice of election to retry petitioner, subject to request for reasonable modification of the time periods by the parties." (Dkt. #62, at p. 3). On July 31, 2014, respondents filed a notice indicating the State's intent to retry petitioner. (Dkt. #72).
Respondents have filed a motion for a second extension of time, up to and including February 1, 2016, to initiate the retrial of petitioner. (Dkt. #78). Having reviewed the motion and good cause appearing, respondents' motion is granted.
IT IS THEREFORE ORDERED that respondents' motion for an extension of time to initiate retrial of petitioner (Dkt. #78) is GRANTED. The State shall initiate retrial of petitioner on or before February 1, 2016.
FootNotes
1. The Court notes that petitioner's name appears in the Nevada Department of Corrections' records as Fredric K. Dixon, inmate number 84849.
Source: Leagle