Lasyone v. Garrett ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 AARON BRADLEY LASYONE, Case No. 3:24-cv-00171-MMD-CLB 7 Petitioner, ORDER DIRECTING RESPONSE v. 8 9 TIM GARRETT, et al., 10 Respondents. 11 12 Petitioner Aaron Bradley Lasyone submitted a pro se 28 U.S.C. § 2254 habeas 13 petition. (ECF No. 1 (“Petition”).) This Court ordered Lasyone to show cause why his 14 Petition should not be dismissed as time barred. (ECF No. 4.) Lasyone timely responded. 15 (ECF No. 6.) On June 13, 2024, this Court dismissed the Petition with prejudice as time 16 barred, finding that Lasyone was not entitled to equitable tolling. (ECF No. 9.) On July 8, 17 2024, and July 10, 2024, respectively, Lasyone filed a counseled motion for 18 reconsideration and notice of appeal.1 (ECF Nos. 11 (“Motion”), 12.) The Court finds that 19 a response to the Motion would benefit the Court.2 20 21 1The notice of appeal in this matter does not divest this Court of jurisdiction under 22 Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure. See Miller v. Marriott Int’l, Inc., 300 F.3d 1061, 1064 (9th Cir. 2002) (“Under Rule 4(a)(4)(A), the . . . Rule 60(b) 23 motions prevented the . . . notices of appeal from becoming effective until the district court rules on the merits of those motions.”); United Nat. Ins. Co. v. R & D Latex Corp., 242 24 F.3d 1102, 1109 (9th Cir. 2001) (indicating that ordinarily a notice of appeal becomes 25 effective when the district court rules on a motion for reconsideration). 26 2This Court previously explained that “[n]o response is required from Respondents other than to respond to any orders of a reviewing court.” (ECF No. 9 at 6.) As such, it is 27 not assumed that Respondents will file a response to the motion for reconsideration 1 It is therefore ordered that Respondents file a response to the motion for 2 || reconsideration (ECF No. 11) on or before August 12, 2024. Lasyone will then have 14 3 || days following the response to file a reply. 4 DATED THIS 10° Day of July 2024. 6 □□ MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28