THOMAS v. FILSON

Case No. 2:17-cv-00475-RFB-VCF.

MARLO THOMAS, Petitioner, v. TIMOTHY FILSON, 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: 535 Death Penalty - Habeas Corpus
Source: PACER


Attorney(s) appearing for the Case

Marlo Thomas, Petitioner, represented by Joanne L. Diamond , Federal Public Defender.

Timothy Filson, Respondent, represented by Adam P. Laxalt , Nevada Attorney General & Jeffrey M. Conner , Nevada Attorney General.

Adam Paul Laxalt, Respondent, represented by Adam P. Laxalt , Nevada Attorney General & Jeffrey M. Conner , Nevada Attorney General.


ORDER

RICHARD F. BOULWARE, II, District Judge.

In this capital habeas corpus action, the petitioner, Marlo Thomas, filed an amended habeas petition (ECF No. 11), along with several exhibits (ECF Nos. 12-21), on August 1, 2017.

Thomas also filed a Motion to Partially Waive Local Rule IA 10-3(e) (ECF No. 10). In that motion, Thomas requests a waiver of the Court's local rule that generally requires, with respect to filed exhibits, that the exhibits' cover sheets contain descriptions of the exhibits. See LR 10-3(e).The Court's local rules were recently amended, with the amendments effective August 1, 2017. Among the amendments is a new rule, LSR 3-3(b), which states, with regard to exhibits filed in habeas corpus cases: "The cover sheet for each exhibit need only reference the number or letter of the exhibit; the cover sheet need not include a descriptor of the exhibit." Therefore, LR IA 10-3(e) no longer applies in habeas corpus cases. Thomas' motion is unnecessary and moot, and it will be denied on those grounds.

IT IS THEREFORE ORDERED that petitioner's Motion to Partially Waive Local Rule IA 10-3(e) (ECF No. 10) is DENIED as unnecessary and moot.


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