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Reed v. Neven

United States District Court, D. Nevada

July 8, 2019

Max Reed, II, Petitioner,
D.W. Neven, et al., Respondents.

          Rene L. Valladares Federal Public Defender Nevada State Bar No. 11479 *Amelia L. Bizzaro Assistant Federal Public Defender Wisconsin State Bar No. 1045709 *Ellesse Henderson Assistant Federal Public Defender California State Bar No. 302838 *Attorneys for Petitioner Max Reed, II



         Points and Authorities

         Petitioner Max Reed respectfully asks this Court to enter an Order extending his deadline for filing an Amended Petition by 120 days until October 29, 2019.

         The Washoe County District Attorney's Office charged Reed with one count of murder with use of a deadly weapon and robbery with use of a deadly weapon in June 2010.[1] The charges stemmed from a death that had occurred over six years earlier, in 2003.[2] Reed was initially represented by appointed counsel, but the court permitted Reed's attorneys to withdraw and granted Reed's request to represent himself.[3] There was extensive pre-trial litigation, and the jury trial lasted eight days.[4] The jury found Reed guilty.[5] Reed was sentenced to two consecutive terms of 20 to 50 years' imprisonment.[6]

         This case was launched when Reed filed a § 2254 petition with an accompanying motion to stay proceedings, and an application to proceeding in forma pauperis on March 2, 2017.[7] On June 19, 2017, Reed filed a pro se motion for leave to conduct discovery.[8] He explained the conditions that he had to navigate to file his § 2254 petition, his lack of access to the courts, and his lack of his own file.[9]

         On June 26, 2017, the Court entered an order noting that Reed had not provided the required financial certificate or inmate account statements with his IFP application and gave him 30 days to do so or pay the $5 filing fee.[10] Reed moved to extend the deadline, and later filed his financial certificate.[11]

         On October 19, 2007, Reed sought a status update noting that he couldn't file “any claims (based on) the state trial record, and district court proceeding, and the evidence in this case…without receiving replacement of his last/destroyed criminal case discovery materials and access to the trial transcripts prior to amending his federal habeas petition.”[12]

         This Court responded with an order dated October 25, 2017.[13] There, this Court noted that Reed's petition “failed to set forth any grounds for relief.”[14] It acknowledged Reed's accompanying motion to stay, but said that Reed couldn't stay a petition without first filing the underlying petition.[15] It gave Reed leave to file an amended petition with claims within 60 days, but denied his motion for leave to conduct discovery.[16] Reed did so, filing his first amended petition on December 15, 2017.[17] On the same day, Reed file a motion for leave to file additional pages with his first amended petition and asked for permission to refile his discovery motion.[18]Reed followed this motion up on August 7, 2018 with a request for a status update.[19]On August 14, 2018, this Court vetted Reed's first amended petition under Rule 4, ordered it served on the warden, and entered a scheduling order.[20]

         On February 8, 2019, the warden filed a motion to dismiss.[21] The accompanying exhibits providing the state court record total over 6, 000 pages.[22]

         The Court appointed the Federal Public Defender on February 27, 2019, and undersigned counsel made their appearances on March 29, 2019 and May 2, 2019.[23]

         Counsel have spoken with Reed on the phone several times and met with him in person for several hours on one occasion. Counsel have scheduled a second visit with Reed for the end of July.

         As is the FPD's practice, counsel have ordered records from the available courts and all prior counsel associated with the case. Reed has provided counsel with the media in his possession, but as detailed in his discovery motions, he does not have a complete copy of the discovery that he can provide. The media Reed provided is on VHS and cassette tapes, and counsel are making arrangements to obtain the tools to watch and listen to the media in its original form or to have it digitized.

         In an effort to avoid this Court's intervention, counsel have been in touch with the Washoe County District Attorney's Office to obtain a complete copy of the discovery. The prosecutor agreed to pull Reed's file, evaluate it, and get back to us within a week, about whether she can provide us with that ...

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