United States District Court, D. Nevada
habeas corpus action, brought pursuant to 28 U.S.C. §
2254, the Court appointed counsel for the petitioner, John
Joey Marks. See Order entered June 1, 2017 (ECF No.
3). Counsel -- the Federal Pubic Defender for the District of
Nevada -- appeared for Marks on June 21, 2017 (ECF No. 6).
The respondents have also appeared (ECF No. 5).
23, 2017, with counsel, Marks filed a first amended petition
(ECF No. 7). Marks also filed a motion (ECF No. 10)
requesting leave of court to file a second amended habeas
petition. Marks' counsel explains that they filed the
first amended petition soon after their appointment, to
protect against the running of the statute of limitations
with respect to certain claims, but they wish to have 120
days to examine the record and determine if other claims
exist, and file a second amended petition, before respondents
respond. The Court will grant this motion.
23, 2017, Marks also filed a motion (ECF No. 9) requesting a
waiver, for purposes of this case, of Local Rule IA 10-3(e),
which requires, with respect to the filing of exhibits, that
the cover sheet for each exhibit must include a descriptor of
the exhibit. The Court finds that, in this habeas corpus
action, in light of the number of exhibits petitioner has
filed, there is good cause to waive the requirement that the
cover sheet for each exhibit include a descriptor of the
exhibit. The Court will grant this motion.
THEREFORE ORDERED that petitioner's Motion to Partially
Waive Local Rule IA 10-3(e) (ECF No. 9) is GRANTED. For
purposes of this habeas corpus action, with respect to
exhibits filed by any party, the Court waives the requirement
in Local Rule IA 10-3(e) that the cover sheet for each filed
exhibit must include a descriptor of the exhibit.
FURTHER ORDERED that petitioner's Motion for Leave to
File a Second Amended Petition (ECF No. 10) is GRANTED.
FURTHER ORDERED that the schedule for further proceedings in
this action shall be as follows:
shall file and serve a second amended petition for writ of
habeas corpus within 120 days after entry of this order. The
second amended petition shall specifically state whether each
ground for relief has been exhausted in state court; for each
claim that has been exhausted in state court, the amended
petition shall state how, when, and where that occurred.
to Second Amended Petition.
shall have 90 days from filing of a second amended petition
to file and serve an answer or other response to the second
shall have 45 days following service of an answer to file and
serve a reply. Respondents shall thereafter have 30 days
following service of a reply to file and serve a response to
of Motion to Dismiss.
respondents file a motion to dismiss, petitioner shall have
60 days following service of the motion to file and serve a
response to the motion. Respondents shall thereafter have 30