Powell v. Gittere ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 KITRICH A. POWELL, Case No. 2:06-cv-01264-KJD-DJA 5 Petitioner, 6 ORDER v. 7 8 WILLIAM GITTERE, et al., 9 Respondents. 10 11 12 In this capital habeas corpus action, the petitioner, Kitrich A. Powell, represented 13 by appointed counsel, filed a second amended habeas petition (ECF No. 105) on 14 February 22, 2021. The respondents were due to respond to the second amended 15 petition by May 24, 2021. See Order entered August 24, 2020 (ECF No. 100) (90 days 16 for response). 17 In the meantime, on April 13, 2021, Powell filed a motion for stay (ECF No. 108), 18 under Ryan v. Gonzales, 568 U.S. 57 (2013), on account of his alleged incompetency. 19 Respondents’ response to that motion is currently due on May 27, 2021. See Order 20 entered April 29, 2021 (ECF No. 113). In view of the nature of that motion, and the fact 21 that Respondents have been under a deadline for their response to the second 22 amended petition, the Court will sua sponte extend the deadline for the motion for stay 23 by 35 days. 24 Also on April 13, 2021, Powell filed a motion for leave of court to file under seal 25 two exhibits in support of his motion for stay, both of which are letters from Powell to his 26 counsel (ECF No. 110). Respondents’ response to that motion is also currently due on 27 May 27, 2021. See id. The Court will sua sponte extend by 15 days the deadline for 1 On May 24, 2021, Powell filed a motion to suspend the briefing of the second 2 || amended habeas petition pending the resolution of the motion for stay (ECF No. 114). 3 || Powell’s counsel informs the Court that Respondents do not oppose this motion. In view 4 || of the allegation that Powell is currently incompetent, and the pending motion for a stay 5 || on that ground, the Court will grant the motion to suspend the briefing of the second 6 || amended petition. 7 IT IS THEREFORE ORDERED that Respondents’ Motion to Suspend Briefing 8 || Schedule (ECF No. 114) is GRANTED. Respondents’ response to the second amended 9 || petition, along with the further briefing of the second amended petition, is suspended 10 || pending the resolution of the motion for stay. Deadlines for the response to the second 11 || amended petition, and further briefing of the second amended petition, will be reset if 12 || and when that becomes necessary. 13 IT IS FURTHER ORDERED that Respondents will have until and including 14 || June 11, 2021, to respond to Petitioner's Motion for Leave to File Under Seal (ECF No. 15 || 110). Petitioner will have 15 days to file a reply to the response to that motion. 16 IT IS FURTHER ORDERED that Respondents will have until and including 17 || July 1, 2021, to respond to Petitioner’s Motion to Stay Capital Habeas Proceedings 18 || (ECF No. 108). Petitioner will have 30 days to file a reply to the response to that motion. 19 20 DATED THIS a day of May , 2021. 21 LAG ~ 22 Sa KENT J. DAWSON, 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28