Opinion
2:13-cv-01304-APG-BNW
12-16-2022
John Michael Farnum, Petitioner, v. Robert LeGrand, et al., Respondents.
ORDER
ANDREW P. GORDON, DISTRICT JUDGE
Petitioner moves for an order that would permit supplemental briefing and set a briefing schedule. ECF No. 83. On October 26, 2022, the United States Court of Appeals for the Ninth Circuit issued a Memorandum remanding this habeas case to this court to evaluate petitioner's claim that his counsel was ineffective for failing to request a Miller hearing to challenge alleged prior false allegations by the primary victim, A.R. ECF No. 82. Respondents do not oppose petitioner's motion, and I agree that further briefing is warranted. So, I grant the motion. I will also grant petitioner's request to file his opening brief sometime after February 1, 2023, to allow time for his counsel on appeal to seek appointment in this court.
Miller v. State, 779 P.2d 87 (Nev. 1989).
I THEREFORE ORDER that petitioner's motion to permit supplemental briefing and to set a briefing schedule (ECF No. 83) is GRANTED. Petitioner has until February 17, 2023, to file an opening brief addressing the issues identified by the Ninth Circuit's remand. The respondents have 60 days from the date petitioner's brief is filed to file their answering brief. Petitioner's reply brief is due 30 days after the answering brief is filed.