FIELDS v. LEGRAND, 3:11-cv-00341-LRH-WGC. (2014)
Court: District Court, D. Nevada
Number: infdco20140327e81
Visitors: 19
Filed: Mar. 26, 2014
Latest Update: Mar. 26, 2014
Summary: ORDER LARRY R. HICKS, District Judge. The court stayed this action to allow petitioner to exhaust his available state court remedies. Order (#23). Petitioner has filed a motion to reopen (#24), stating that his proceedings in state court have concluded. The court grants this motion. Petitioner also has submitted a motion for appointment of counsel (#25). The court sees no reason to depart from its denial of petitioner's earlier motion for appointment of counsel (#7). See Order (#5). IT IS
Summary: ORDER LARRY R. HICKS, District Judge. The court stayed this action to allow petitioner to exhaust his available state court remedies. Order (#23). Petitioner has filed a motion to reopen (#24), stating that his proceedings in state court have concluded. The court grants this motion. Petitioner also has submitted a motion for appointment of counsel (#25). The court sees no reason to depart from its denial of petitioner's earlier motion for appointment of counsel (#7). See Order (#5). IT IS ..
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ORDER
LARRY R. HICKS, District Judge.
The court stayed this action to allow petitioner to exhaust his available state court remedies. Order (#23). Petitioner has filed a motion to reopen (#24), stating that his proceedings in state court have concluded. The court grants this motion.
Petitioner also has submitted a motion for appointment of counsel (#25). The court sees no reason to depart from its denial of petitioner's earlier motion for appointment of counsel (#7). See Order (#5).
IT IS THEREFORE ORDERED that petitioner's motion to reopen (#24) is GRANTED. This action is REINSTATED.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date on which this order is entered to answer or otherwise respond to the second amended petition (#42). If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply.
IT IS FURTHER ORDERED that petitioner's motion for appointment of counsel (#25) is DENIED.
IT IS FURTHER ORDERED that, from this date forward, the hard copy of any exhibits shall be forwarded—for this case—to the staff attorneys in Las Vegas.
Source: Leagle
