Opinion
3:07-cv-00009-LRH-CLB
11-03-2022
MICHAEL BRUCE BYNOE, Petitioner, v. PERRY RUSSELL, WARDEN, et al., Respondents.
ORDER
LARRY R. HICKS UNITED STATES DISTRICT JUDGE
Respondents ask that the court waive compliance with Local Special Rule 3-3 with respect to the index of exhibits in support of their motion to dismiss Michael Bruce Bynoe's second-amended § 2254 habeas corpus petition. (ECF No. 113.) LSR 3-3(c) states that the court disfavors the filing of duplicate exhibits. Respondents note that the voluminous state-court record spans over 24 years and explain that a complete set of state-court exhibits has never been filed in this case. Thus, they request to file a complete, chronological index and exhibits for the state proceedings. Good cause appearing,
IT IS ORDERED that respondents' motion to waive compliance with Local Rule for Special Proceedings and Appeals LSR 3-3 (ECF No. 113) is GRANTED.
IT IS FURTHER ORDERED that respondents' fourth and fifth motions for extension of time to respond to the second-amended petition (ECF Nos. 105 and 106) are both GRANTED nunc pro tunc.