MIRANDA-RIVAS v. WICKHAM

Case No. 3:16-cv-00663-MMD-VPC.

JORGE MIRANDA-RIVAS, Petitioner, v. HAROLD WICKHAM, et al., Respondents.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Jorge Miranda-Rivas, Petitioner, represented by Armilla Staley-Ngomo , Federal Public Defender.

Harold Wickham, Respondent, represented by Heather D. Procter , Nevada Attorney General's Office.

Nevada Attorney General, Respondent, represented by Heather D. Procter , Nevada Attorney General's Office.


ORDER

MIRANDA M. DU, District Judge.

Before the Court are the amended petition for writ of habeas corpus (ECF No. 10), petitioner's motion for leave to file a second amended petition (ECF No. 12), respondents' opposition (ECF No. 13), and petitioner's reply (ECF No. 14). Petitioner notes correctly in his reply that the Court had the same issue before it in Toribio-Ruiz v. Baca, Case No. 3:14-cv-00492-MMD-WGC. Petitioner quotes extensively from the Court's order in that case, granting leave to file a second amended petition. (ECF No. 14, at 6-7.) The Court's reasoning in Toribio-Ruiz applies with equal strength in this case.

It is therefore ordered that petitioner's motion for leave to file a second amended petition (ECF No. 12) is granted. Petitioner will have ninety (90) days from the date of entry of this order to file and serve a second amended petition for a writ of habeas corpus.


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