David Bollinger v. William Gittere

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 DAVID BOLLINGER , Case No. 2:98-cv-01263-MMD-BNW

7 Petitioner, v. ORDER 8 WILLIAM REUBART, et al., 9 Respondents. 10 11 In this capital habeas corpus action, Respondents have filed a supplemental 12 answer responding to Petitioner David Bollinger’s Claim 7D (ECF No. 309), Bollinger has 13 filed a reply (ECF No. 310), and Respondents have filed a response to Bollinger’s reply 14 (ECF No. 320). 15 On May 23, 2022, the United States Supreme Court decided Shinn v. Ramirez, -- 16 -S.Ct.---, Case No. 20-1009, 2022 WL 1611786 (May 23, 2022). The Court determines 17 that Shinn may affect the parties’ positions. The Court will, therefore, order the parties to 18 amend their supplemental answer, reply, and response to reply, to address any effects of 19 Shinn. 20 The amended supplemental answer, reply and response to reply will be treated as 21 superseding the supplemental answer, reply, and response to reply previously filed (ECF 22 Nos. 309, 310 and 320). Therefore, the parties should draft their amended supplemental 23 answer, reply and response to reply to be complete within themselves, without reference 24 to the previously filed supplemental answer, reply, and response to reply. 25 It is therefore ordered that Respondents will have 60 days from the date of this 26 order to file an amended supplemental answer, responding to Petitioner David Bollinger’s 27 Claim 7D. Petitioner will then have 60 days to file a reply to Respondents’ amended 28 1 || supplemental answer. Respondents will then have 30 days to file a response to 2 || Bollinger’s reply to their amended supplemental answer. 3 It is further ordered that, pursuant to Federal Rule of Civil Procedure 25(d), William 4 || Reubart is substituted for William Gittere as the respondent warden. 5 The Clerk of Court is directed to update the docket to reflect this substitution. 6 DATED THIS 24" Day of May 2022. 7 — 8 fone 9 CHIEF UN TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28